1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion is that, in order to enable the Defendant, who was found to be agricultural manager at the time of February 17, 2012, the Plaintiff entered into a title trust agreement with the Defendant on the instant land and completed the ownership transfer registration accordingly.

However, since the above title trust agreement and ownership transfer registration are null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder's Name, the defendant is obligated to implement the cancellation registration procedure for the above ownership transfer registration and deliver the above land to the plaintiff.

Meanwhile, the Defendant arbitrarily obtained a loan of KRW 35,000,000 with the instant land as security. Since this is a tort for arbitrarily disposing of the entrusted property, the Defendant is obligated to pay the Plaintiff the above KRW 35,000,000 as compensation for damages and damages for delay.

B. The fact that the Plaintiff was the owner of the instant land, the fact that the registration of ownership transfer was completed on February 17, 2012 regarding the instant land on the grounds of sale in the Defendant’s future, and the fact that the Plaintiff and the Defendant was the mother and the Defendant was the scarcity at the time that the said registration of ownership transfer was completed, does not have any dispute between the parties.

Next, as to whether a title trust agreement has been concluded between the original and the Defendant, it is not sufficient to recognize the evidence to acknowledge the title trust agreement only with the health team, each statement of evidence A, and witness D, and there is no other evidence to acknowledge it.

Rather, the following circumstances are revealed by the evidence Nos. 6, Nos. 1, 3, and 4, and the purport of witness D’s witness D’s testimony and the entire pleadings. In other words, the Defendant met the agricultural management business entity’s eligibility to obtain the above-mentioned ownership transfer loan on February 2, 2011, which was before the completion of the above-mentioned ownership transfer registration, and thus, the Plaintiff’s assertion that the Defendant completed the registration of ownership transfer in the future is objective facts.