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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 12, 1998, the Defendant’s mother, acquired the ownership of the 106-dong 1803 (hereinafter “E apartment”) of Daegu-gu E apartment on 106-dong 1803 (hereinafter “E apartment”), and sold it to F and G on February 15, 2012, and completed the registration of ownership transfer on the 21st of the same month.
B. On February 10, 2012, the registration of transfer of ownership in the name of the defendant was completed on December 24, 201 with respect to the apartment of this case.
C. In the Daegu High Court Decision 2014Na4249 decided December 16, 2015 between the Plaintiff and C, “C shall pay to the Plaintiff 150,000,000 won and interest calculated at the rate of 1% per month from January 10, 2004 to December 30, 2004, and 2% per month from the next day to the date of full payment,” and the above judgment was dismissed and finalized on June 1, 2016.
[Ground for recognition] Unsatisfy, Gap evidence 4
2. The assertion and judgment
A. At the time of the Plaintiff’s assertion in 2012, the Defendant did not have self-sufficiency as a person of 28 years of age.
C purchased the instant apartment with the money created by disposing of the apartment, and made a title trust to the Defendant.
The plaintiff, as a creditor against C, terminated a title trust agreement between C and the defendant on the apartment of this case by subrogation, so the defendant is obligated to implement C with respect to the apartment of this case on the ground of termination of title trust on the date of delivery of a copy of the complaint of this case.
B. The above facts of determination and the above circumstances alleged by the Plaintiff alone are difficult to recognize that a title trust agreement on the apartment of this case exists between C and the Defendant, and there is no other evidence to prove otherwise, the Plaintiff’s assertion is without merit
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.