1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts and circumstances of dispositions;

A. On March 31, 2004, the Plaintiff purchased real estate and entered into a title trust agreement. On March 31, 2004, the Plaintiff, from Jongno-gu Seoul Jongno-gu Seoul, 115 square meters and its ground timber and apap extract assessment house (around 18 square meters, 4 square meters, hereinafter the above land and housing together, collectively referred to as “C

) 및 D 대 43㎡를 454,000,000원에 매수하면서, 매형(妹兄)인 E와 사이에 이 사건 C부동산에 대한 등기 명의를 위 E로 하는 내용의 명의신탁약정을 체결하였다(이하 ‘이 사건 명의신탁약정’이라 하고, 그에 따른 명의신탁을 ‘이 사건 명의신탁’이라 한다

2) On May 12, 2004, E completed the registration of ownership transfer based on sale on March 31, 2004, pursuant to the instant title trust agreement.

3) Meanwhile, on June 27, 2004, E combines the instant G real estate with the land and housing without permission therefor (hereinafter “instant G real estate”) from F on the same day.

(B) On December 17, 2012, E purchased the instant real estate, and completed the registration of ownership transfer on August 12, 2004, E borrowed KRW 40,000 from the Plaintiff and paid the purchase price. B. On December 17, 2012, E, upon the Plaintiff’s request, made a new bank (hereinafter “new bank”) with respect to the instant real estate, KRW 168,00,000 with respect to the maximum debt amount, and received KRW 140,00,000 from the new bank (hereinafter “the instant loan”), and all of the said loans were used by the Plaintiff.

2) On October 13, 2016, the new bank filed an application for voluntary auction of the instant real estate C with the Seoul Central District Court HH on the ground of the non-payment of the instant loan, and completed the registration of the voluntary decision on commencement of auction on the instant real estate on October 13, 2016, and started the auction procedure (hereinafter “instant auction procedure”).

(c) the establishment of conciliation in prior proceedings and the sale of real estate;