The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On July 18, 2018, the Plaintiff filed a lawsuit against C with the Incheon District Court 2018Ga group 208054 (hereinafter “instant judgment”). On July 18, 2018, the said court rendered a judgment without holding that “C shall pay to the Plaintiff 46,408,214 won and the amount calculated by the rate of 5% per annum from January 1, 2018 to July 18, 2018, and 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.

B. On January 4, 2019, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from C’s spouse, and from D on January 4, 2019 in KRW 219,00,000, and completed the registration of ownership transfer on the 17th of the same month.

(c)

C is insolvent as of the closing date of the instant pleading.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is that the instant apartment is jointly owned by the Defendant and C in the name of 1/2 shares of the above apartment, and that C is currently insolvent, and as C is a creditor of C, the Plaintiff, by subrogation of C, expressed his/her intention to terminate the above title trust agreement by serving the copy of the instant complaint on the Defendant in subrogation of C, and thus, the Defendant is obliged to perform the registration procedure for the transfer of ownership based on the name trust as to 1/2 shares of the instant apartment among the instant apartment.

B. (1) The existence of the preserved claim, etc. is examined, and the plaintiff has a claim against C pursuant to the judgment of this case, and C is recognized as being insolvent as of the closing date of the pleadings of this case.

(2) The existence of a nominal trust agreement (A) under Article 830(1) of the Civil Act, real estate acquired by one of the married couple in his/her own name during marriage is presumed to be the unique property of the person in his/her name. Therefore, in order to reverse such presumption, the other spouse is actually the price for the pertinent real estate.