1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 23, 2012, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with C, the Defendant’s husband, with respect to the Daegu Suwon-gu D, Daegu-gu, 300.90 square meters (hereinafter “instant land”).

In the instant pre-sale agreement, the sales amount shall be KRW 200 million, and the transfer income tax and resident tax to be imposed on the Plaintiff due to the sale and purchase of the instant land were agreed to be borne by C.

B. C decided to title trust the instant land and the building scheduled to be newly constructed on its ground because its credit standing is not good, and agreed with the Plaintiff to complete the registration of title transfer in the future between the Defendant and the Plaintiff.

C. On October 20, 2012, the Plaintiff and C drafted a real estate sales contract with the Plaintiff and the buyer as the Defendant on the instant land, and completed the registration of ownership transfer on November 8, 2012.

C On November 8, 2012, upon the sale and purchase of the instant land, the Plaintiff agreed to pay KRW 50,000,000 to the Plaintiff on December 8, 2012 under the name of transfer income tax and resident tax to be imposed in the Plaintiff’s future (hereinafter “instant agreement”). As to the instant land as security, the registration of creation of mortgage was completed with respect to the instant land that became the debtor, C, and the Plaintiff as the mortgagee.

(hereinafter “instant collateral security”). E.

On January 31, 2013, the Plaintiff paid KRW 4,510,210, and KRW 4,510,240, and KRW 22,51,210, and KRW 49,612,660, in total, on March 29, 2013.

F. The Daegu District Court E and F (Consolidated) auction procedure was initiated regarding the instant land and the building under title trust, which was newly constructed by C, to the Defendant.

On February 10, 2015, the Plaintiff received dividends of KRW 13,455,285 based on the instant right to collateral security on the date of distribution of the said auction case.

[Ground of recognition] Evidence Nos. 1-1, 2, 2, 3, 4, and evidence Nos. 5-1, 2, 3, and 7, respectively.