1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 2, 2003, the Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff’s creditor C filed an application for provisional seizure of the instant real estate with Jeju District Court Decision 2008Kahap230, and the registration of provisional seizure in C’s name was completed on May 30, 2008 with respect to the instant real estate on May 28, 2008 upon the provisional seizure order issued on May 28, 2008 by the above court.

On April 26, 2010, the registration of provisional seizure in C's name was cancelled.

C. On October 10, 2010, the Defendant entered into a sales contract with the Plaintiff to purchase the instant real estate in KRW 18 million, and completed the registration of ownership transfer by the Changwon District Court Kim Sea Registry receipt of the instant real estate on October 18, 2010.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased the instant real estate in around 2003, and had his parents reside in the instant real estate. Around 2007, when divorced with her husband D, the Plaintiff entered into a title trust agreement with the Defendant, who is the Plaintiff’s birth, and transferred the ownership of the instant real estate to the Defendant.

Therefore, the above title trust agreement entered into between the Plaintiff and the Defendant is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, the Plaintiff seeks cancellation of the ownership transfer registration, as stated in the purport of the claim,

B. The Defendant’s assertion that: (a) from February 2009 to October 5, 2010, the Plaintiff borrowed KRW 48.9 million from the Defendant and did not repay KRW 25.4 million as of October 10, 2010; (b) the Defendant purchased the instant real estate and purchased the Plaintiff’s sales price.