1. The plaintiff's primary claim and the conjunctive claim that are changed in exchange at this court.

1. Summary of the plaintiff's assertion

A. The Defendant’s father C entered into a sales contract with D on April 22, 2014 (hereinafter “instant sales contract”) with the Plaintiff to purchase the instant real estate in KRW 200 million while he/she was liable to the Plaintiff for the debt amounting to KRW 68,892,012, and completed the registration of ownership transfer of the instant real estate in the name of the Defendant under title trust with the Defendant (hereinafter “instant registration”).

B. As can be seen, C’s purchase of the instant real estate and the conclusion of a sales contract between D and the Defendant as a title trust box to the Defendant should be revoked as a fraudulent act detrimental to C’s creditors. As such, the Plaintiff primarily sought cancellation of the instant sales contract and its restitution.

C. Unless otherwise, since the title trust agreement between C and the defendant is legally null and void, the defendant takes profits equivalent to KRW 200,000,000, the purchase price of the instant real estate without any legal ground, and C considers losses equivalent to the same amount, and C has a claim for return of unjust enrichment equivalent to the same amount against the defendant.

Therefore, the plaintiff, in lieu of C, sought an amount equivalent to the plaintiff's claim amount, KRW 68,892,012, and its delay damages from the defendant.

2. The fact that the Plaintiff held a certain amount of claim to C is not a dispute between the parties, and according to the evidence No. 3, it is recognized that the Defendant completed the registration of transfer of ownership based on sale on April 22, 2014 with respect to the instant real estate.

However, the evidence submitted by the Plaintiff at the first instance and the trial alone constitutes a fraudulent act.

It is insufficient to acknowledge that the Defendant was entrusted with the title of ownership on the instant real estate by C, and there is no other evidence to prove otherwise, and thus, the Plaintiff’s primary and conjunctive claim on such premise cannot be accepted.

The Plaintiff is the Plaintiff.