The part against Defendant C among the judgment of the first instance court shall be revoked.

Defendant C shall enter the Plaintiff (Counterclaim Defendant) in the attached list.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Defendant C is the Plaintiff’s children, and Defendant B was the spouse of Defendant C.

B. On May 27, 2014, Defendant C completed registration of initial ownership of the vessels listed in the separate sheet (hereinafter “instant vessels”).

On the other hand, on July 24, 2014, the Plaintiff completed the registration of the right to claim the transfer of ownership on the ground of the pre-contract for sale of the instant vessel. On June 15, 2015, the Plaintiff cancelled the registration.

C. On July 4, 2018, Defendant C completed the registration of ownership transfer with respect to 1/2 shares out of the instant vessel on the ground of division of property, and completed the registration of ownership transfer with respect to 1/2 shares out of the instant vessel on the ground of donation on July 5, 2018 to the Plaintiff.

Since July 5, 2018, the Plaintiff independently occupies and uses the instant vessel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 9, Eul evidence No. 12, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff built the instant vessel and acquired its ownership at the original time, but, on account of bad credit standing, the Plaintiff held the title trust to Defendant C, and completed the registration of initial ownership of the said vessel in Defendant C’s name.

On July 5, 2018, the Plaintiff terminated the title trust agreement with Defendant C with respect to the instant vessel. Defendant C is obligated to implement the registration procedure for ownership transfer on the ground of the termination of the said title trust with respect to one-half share of the instant vessel.

On the other hand, Defendant B, as Defendant C’s spouse and Plaintiff, was aware that the instant vessel was actually owned by the Plaintiff, but, despite having been well aware of the fact that the instant vessel was actually owned by the Plaintiff, was offered through consultation with Defendant C or actively solicited Defendant C to divide property, completed the registration of ownership transfer of 1/2 of the instant vessel under Defendant B

Ultimately, the transfer of ownership in the name of Defendant B is actively conducted in the breach of trust by Defendant C.