1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 5% from April 19, 2016 to May 24, 2017.

1. Basic facts

A. The Plaintiff is a person with a claim of KRW 90,00,000 per year based on the final and conclusive judgment on the entire gold case (final and conclusive May 22, 2015) rendered by the Gwangju District Court 2015Kadan6482 against C.

The defendant, as C's children, is born in 1976 and is working as Lesson in a golf driving range.

B. On August 26, 2005, C was transferred on the ground of the contractual transfer of the right to collateral security and superficies in the name of N on the parcel of land owned by D, Jeonnam-do, Jeonnam-do, 2358 square meters, ② 1606 square meters prior to F, ③ G, ④ 181 square meters prior to G, ④ 159 square meters prior to H, ⑤ 384 square meters prior to IJ, ⑤ 200 square meters prior to K, 785 square meters prior to K, 85 square meters prior to L, and 9 square meters in M forest and 400 square meters in land (hereinafter “instant land”).

C. C on June 29, 2006, filed an application for the auction of real estate rent with the Gwangju District Court O for the exercise of security rights to the instant land.

C participated in the bid in the above voluntary auction procedure and obtained the highest price as the purchaser, but failed to perform the obligation to pay the sale price within the time limit for payment of the sale price, so the decision of permission for sale was invalidated and the re-sale procedure was implemented.

The defendant shall obtain a decision of permission for sale as the highest purchaser in the procedure of re-sale of the above voluntary auction case, make a full payment of 193,644,90 won, and completed the registration of ownership transfer on the land of this case on January 14, 2010.

[Reasons for Recognition] Facts without dispute, Gap 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion C participated in the bid in the above voluntary auction procedure in the name of the Defendant, and obtained the highest price as the purchaser, and paid in full the sale price of KRW 193,64,900 prepared by himself, and completed the registration of ownership transfer for the instant land by trusting the name of the Defendant.

Since a title trust agreement between C and the Defendant on the instant land is null and void, C cannot acquire ownership on the instant land.

Therefore, C shall be liable for damages equivalent to KRW 193,64,90,00 for the proceeds of sale provided to the defendant.