1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff and the defendant are legally married couple who completed the marriage report on June 8, 1981.

B. On September 14, 2014, the Defendant purchased the Seo-gu Incheon Metropolitan Government D apartment and E (hereinafter “instant apartment”) from C in the purchase price of KRW 258 million, and completed the registration of ownership transfer in its name on November 28, 2014.

C. On December 22, 2015, the instant apartment was completed on December 22, 2015, the establishment registration of a neighboring mortgage amount of KRW 180 million with the debtor and the FF Federation as the mortgagee, and two provisional attachment registrations were completed between G and the Plaintiff as each creditor.

On June 14, 2016, H, a creditor of the defendant, filed an application for a compulsory auction against the above apartment with the Incheon District Court I, and the auction procedure is in progress. J bank, the successor of FFC, also filed an application for a voluntary auction against the above apartment with the Incheon District Court K on August 31, 2018, and the auction procedure is in progress in overlap with the above compulsory auction procedure.

E. At the time of May 18, 2018, the market price of the apartment of this case was approximately KRW 3770,500,000.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. The plaintiff asserted that he concluded a title trust agreement with the defendant on the apartment of this case and completed the registration of ownership transfer under the name of the defendant on the apartment of this case. According to the termination of the title trust agreement as a copy of the complaint of this case, the defendant bears the duty to implement the procedure for the registration of ownership transfer on the apartment

However, in light of the fact that the establishment registration and the provisional seizure registration in the name of the FFF federation are completed, and in particular, the auction procedure for the above apartment is underway upon the request of H and J bank, the defendant's obligation to implement the above procedure for the establishment registration of ownership became impossible.

Therefore, the defendant is liable to the plaintiff for damages incurred by the plaintiff due to the defendant's default, which is equivalent to the value of the above apartment.