1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff, the father of the Defendant, was awarded a contract to Nonparty C for the outside D-based D-based Construction Work, which completed, but C did not pay the Plaintiff the construction cost of KRW 13,00,000 to the Plaintiff. Accordingly, the Plaintiff applied for a payment order against C as Busan District Court Decision 2015 tea7351, and issued a payment order to C on July 14, 2015, ordering C to pay the Plaintiff KRW 13,000,000 and its delay damages. The above payment order was finalized as is.

B. C entered into a construction contract (the construction cost of KRW 11,500,000) with the owner I of the above H lending construction among the construction works of H lending G G in Gyeyang-si, Yangsan-si, with respect to painting construction works.

On the other hand, Non-party E, the defendant's senior mother, entered into a subcontract agreement (57,200,000 won for construction work) with Dok Construction Co., Ltd. with respect to the Dokdong Construction among the above Haak Construction.

C. C completed the instant page construction, but was not paid part of the construction cost by I, and as a payment in lieu of the construction cost and E, the instant apartment building owned by I (hereinafter “instant apartment”) was assigned. D.

On January 6, 2016, the Defendant completed the registration of ownership transfer on the instant apartment on January 4, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3 evidence, Eul 2 through 5, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The Plaintiff asserted that C had the claim for construction price of KRW 13,00,000, and the claim for construction price of KRW 9,500,000 against E with respect to the Plaintiff, and C and E had difficulty in realizing the Plaintiff’s claim for C and E by title trust with the Defendant, upon receiving payment in lieu of the instant apartment from I.

The defendant.