1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 13, 2001, Korea Exchange Bank Co., Ltd. loaned KRW 50,000,000 to Company B, and KRW 150,000,000 around September 27, 2001, respectively. Around September 27, 2001, C Co., Ltd, as the Defendant’s put forward and was the representative director of Company B, jointly and severally guaranteed each of the above loans.

B. On July 14, 2005, the Korea Exchange Bank transferred each of the above principal and interest of loan to a limited company specializing in green source securitization, including selling each of the above principal and interest of loan to the limited company specializing in green source securitization, and the Plaintiff acquired each of the above principal and interest of loan from Layth Loan Co., Ltd. on or around December 31, 2013, and notified C of the transfer of credit around April 2014.

C. After that, the Plaintiff filed an application against C for a payment order with the Seoul Western District Court No. 2014 tea 4949, and the said court issued a payment order on July 30, 2014, and the said decision became final and conclusive on August 19, 2014.

[Reasons for Recognition] Each entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. A. Around August 22, 2007, the Defendant: (a) purchased from Ansan-si E Apartment 108 Dong 1304 from Ansan-si, Agsan-si; and (b) on January 14, 2011, from Ansan-si, 606 Dong 2404, respectively.

(hereinafter “each apartment of this case”). Considering the Defendant’s age at the time of purchase of each apartment of this case, there was no economic ability or income to purchase it, and C purchased each apartment of this case under the name of the Defendant (hereinafter “instant title trust agreement”) with a view to evading creditors’ compulsory execution under insolvent.

Therefore, the instant title trust agreement is a so-called contract title trust agreement, which is null and void pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, but the Defendant acquires full ownership of each apartment of this case and is obligated to return the amount equivalent to the purchase fund of each apartment of this case to C as unjust enrichment.