1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant brought forward as a tobacco relationship from around 2005 to 2014.

B. On November 5, 2015, the Plaintiff completed the registration of ownership transfer on October 20 of the same year with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on October 20 of the same year.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is liable to pay KRW 20 million to the plaintiff and donated the real estate of this case to the defendant. Since the defendant's failure to pay the above amount, the above-paid donation is cancelled by delivery of a copy of the complaint of this case, the defendant is liable to cancel the registration of ownership transfer of this case to the plaintiff.

B. If a registration of ownership transfer has been completed with respect to a mistake in judgment or a real estate, the registrant shall be presumed to have acquired the ownership from the former owner as well as from the third party, and the former owner shall be presumed to have acquired the ownership by a legitimate cause of registration. If the registration of ownership transfer has been completed on the register of real estate, the procedure and cause for the response shall be presumed to be legitimate. Therefore, the party who asserts the unjust cause shall be responsible to prove this.

It is insufficient to recognize that the Plaintiff donated the instant real estate to the Defendant at the cost of paying KRW 20 million only with the descriptions of evidence Nos. 2 and 4, and there is no other evidence to acknowledge it.

Rather, in light of the Plaintiff’s statement at the police on November 28, 2015 (Evidence No. 6-8 of the Evidence No. 6-8), “The apartment in which the Defendant was living has given to the Defendant a letter of apology and transferred the name of KRW 20 million to the Defendant, and then filed a complaint against the Defendant.” In light of the Plaintiff’s statement at the police on November 28, 2015 (Evidence No. 6-8 of the Evidence No. 6-8), etc., the apartment price is approximately KRW 200 million at the market price.