The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Basic Facts

The relationship between the plaintiff and the party concerned is the spouse of C(C) and the defendant(C) are in their own relationship with C(C).

On May 23, 2018, the Plaintiff filed a lawsuit against C seeking divorce and division of property with Seoul Family Court Decision 2018Ddan319484, and is currently pending in the lawsuit.

The Plaintiff purchased the instant apartment on April 5, 2002 and completed the registration of ownership transfer under the name of the Plaintiff on May 10, 2002. On January 12, 2009, the Plaintiff completed the registration of ownership transfer due to donation to C, who is his spouse, on January 12, 2009.

From August 18, 2008 to October 1, 2015, the Defendant remitted KRW 69,100,000 to the Plaintiff’s or C’s account.

On March 16, 2018, the registration of the establishment of a neighboring mortgage in the name of the Defendant on the instant apartment was completed to the Defendant on March 16, 2018, the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the instant apartment as “the maximum claim amount of KRW 75 million, the debtor C and the mortgagee.”

[Ground of recognition] The fact that there is no dispute, Gap 1, 3, and 11's each statement, and the gist of the plaintiff's argument as to the purport of the whole pleadings is that the apartment of this case is substantially owned by the plaintiff's property acquired with the plaintiff's effort and cost, and is the property trusted by the plaintiff to Eul who is his spouse. The plaintiff has the right to claim for cancellation of ownership registration based on the termination of the title trust agreement with respect to the above apartment, or

However, although C actually did not bear any obligation against the Defendant, or had already extinguished by repayment of the debt, C completed the registration of the establishment of the mortgage of this case, the registration of the establishment of the mortgage of this case must be cancelled by its invalidation.

Therefore, in order to preserve the right to claim the return of ownership based on the termination of title trust against the insolvent C, and the right to claim the division of property.