On December 25, 1995, Defendant C contracted a construction project to create Gyeonggi-gun E land as a housing site, and agreed to transfer 50% of the said land to the construction cost.

D subcontracted the above construction again to the Plaintiff, and upon completion of the construction by the Plaintiff, to Defendant C on July 15, 2003.

The part equivalent to 140 square meters among the claims under the agreement described in the paragraph was transferred to the plaintiff and notified the defendant C of the fact, and the above notification reached the defendant C on July 18, 2003.

The Plaintiff filed a lawsuit against Defendant C and D seeking a transfer of part of the above land in lieu of the payment of the construction price, and around October 2004, in the above lawsuit, the Plaintiff agreed to pay KRW 5 million to D in consideration of the fact that Defendant C transferred the ownership of the instant land to the Plaintiff and agreed to transfer only 140 square meters out of the instant land to the Plaintiff.

On March 10, 2005, Defendant C completed the registration of ownership transfer on the instant land in the future of Defendant B (the Plaintiff’s birth) designated by the Plaintiff.

The Plaintiff newly constructed the instant building on the instant land by designating the owner as Defendant B, and Defendant B completed the registration of initial ownership on March 22, 2006.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings.

As the Plaintiff B’s assertion completed the registration of transfer of ownership of the instant land pursuant to the title trust agreement with the Plaintiff, Defendant B ought to implement the registration procedure for cancellation of the said registration that is null and void.

In addition, the defendant C should implement the procedure for the registration of ownership transfer of the land according to the agreement with the plaintiff.

In addition, the ownership of the building of this case shall be deemed to have been acquired at the original time by the Plaintiff, who is the constructor, and Defendant B shall be deemed to have been the Plaintiff.