1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 31, 2009, the Plaintiff: (a) transferred its claim against Nonparty A on October 31, 1995 (the principal amount of KRW 12,524,727 as of March 14, 2017; (b) 30,185,403 as of April 28, 199 (the principal amount of KRW 4,004,473; (c) 9,807,672 as of March 14, 201; and (d) the Agricultural Cooperative Federation notified the above fact to Nonparty B around that time.

B. On February 11, 2008, the Defendant entered into a sales contract with Nonparty C to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty C for KRW 80 million, and completed the registration of ownership transfer on February 12, 2008.

(c) B is currently insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2 to 3, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion B purchased the instant real estate in the name of the Defendant, his wife, in order to avoid compulsory execution due to his obligation to the Plaintiff, etc.

Such a title trust agreement was null and void, but pursuant to the legal principles on the registration of real estate under actual titleholder’s name, the Defendant, the title trustee, acquired full ownership of the instant real estate. However, the title truster B, was obliged to return unjust enrichment equivalent to the purchase fund received from him.

However, in order to preserve the claim against B, the Plaintiff sought payment of the amount of 38,000,000 won in subrogation of insolvent B.

3. 1) Since a person registered as an owner of real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that such registration was based on title trust has the burden of proof against the claimant. 2) In full view of the facts acknowledged earlier, C has the burden of proof between the defendant and the defendant on February 11, 2008.