1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is the father of the defendant, and the defendant is the plaintiff.

B. On July 5, 2005, the Plaintiff purchased C-owned D apartment 102 Dong 902 (hereinafter “instant real property”) from KRW 225,00,000,00, and concluded a sales contract with the buyer to succeed to the secured debt of KRW 85,000,000 on the date of the contract, as of August 30, 2005, the intermediate payment of KRW 50,000,000, out of KRW 15,000,000, out of the remainder payment of KRW 15,00,00,000, respectively, on September 28, 2005, in lieu of the remainder payment, the Plaintiff concluded a sales contract with the buyer to succeed to the secured debt of the right to collateral security established on the instant real property.

On July 5, 2005, the down payment of KRW 20,000,000 was paid from the Plaintiff’s account in the name of his wife at that time, and the intermediate payment of KRW 50,000,000 was paid from the Plaintiff’s account in the name of his wife on August 30, 2005, and KRW 70,000,000 out of the remainder amount of KRW 155,00,000 was paid from the Plaintiff’s account in the name of his wife on September 28, 2005.

C In accordance with the above sales contract on September 28, 2005, the registration of ownership transfer was completed in the defendant's future with respect to the instant real estate.

With respect to the registration of transfer of ownership, the Plaintiff paid each of the above KRW 292,840 as a certified judicial scrivener fees on September 28, 2005, KRW 3,696,000 as acquisition tax on October 26, 2005, and KRW 3,192,00 as registration tax.

On October 2005, the Plaintiff fully repaid the secured debt of 85,000,000 won, which was established on the instant real estate. Accordingly, the said secured mortgage was cancelled on November 2, 2005.

[Grounds for recognition] Facts without dispute, Gap 1 through 6, 9, 12, and 13 statements (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, the purport of the plaintiff's argument is as follows: the plaintiff bears all the purchase price of the real estate of this case, fees for certified judicial scrivener, acquisition tax, and registration tax (hereinafter "sale price, etc.") and purchased the real estate of this case in the name of the defendant, and completed the registration of ownership transfer in the name of the defendant.