The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

The summary of the case and the summary of the procedure - With respect to the instant real estate in dispute-based facts, the registration of ownership transfer under the name of the Plaintiff on August 19, 1994, the name of G (the cause of the registration is October 7, 2001) of the spouse of the Defendant B who was the Plaintiff’s punishment on November 8, 2001, and the registration of ownership transfer under the name of the Defendant C (the cause of the registration is the sale on December 1, 2017) on December 6, 2017, and on the same day, the registration of ownership transfer under the name of the Defendant C was completed in the order of the debtor in the name of the Defendant C and the maximum debt amount of KRW 348 million.

G Deceased on October 4, 2018 (hereinafter referred to as “the deceased”) and Defendant B, as his spouse, inherited the deceased’s property independently.

The plaintiff asserts that since the registration of ownership transfer was completed to the deceased based on the title trust agreement, all of the defendants' registration of ownership transfer and the registration of ownership transfer based on the title trust agreement should be cancelled in accordance with Article 4 (1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder'

Furthermore, Defendant C was aware of the title trust agreement and actively involved in the deceased’s disposal act, and thus, Defendant C also has asserted that it is null and void as a juristic act contrary to good morals and other social order under Article 103 of the Civil Act.

The Defendants asserted the title trust agreement between the Plaintiff and the Deceased, and even if such fact is recognized, Defendant C did not know it, or did not actively participate in the act of breach of trust, so the Plaintiff’s claim for cancellation of registration cannot be acknowledged as a whole.

The key issue of the instant case is ① whether a title trust agreement exists between the Plaintiff and the Deceased, ② whether Defendant C actively included in the act of breach of trust of the deceased, a title trustee, was conducted by the court during the eight-time pleadings, and conducted the examination of evidence on the inquiry inquiry reply, focusing on documentary evidence and financial transactions submitted by both parties, and led to the following judgment based on the overall purport of the arguments.