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

A. The land and buildings listed in the separate sheet (hereinafter referred to as “instant real estate”) were owned by E.

B. On May 2, 2017, the registration of ownership transfer was completed on June 28, 2017 on the instant real estate on the grounds of sale and purchase (hereinafter “instant sales and purchase contract”).

C. D’s death on September 19, 2017, the registration of ownership transfer was completed in the future on October 25, 2017 due to inheritance as of September 19, 2017 (3/5 of shares) and C’ (2/5 of shares) on the instant real estate on October 25, 2017.

On June 28, 2017, the establishment registration of a neighboring real estate in the instant case was completed on the same day by the FF association of the mortgagee, the maximum debt amount of KRW 195,00,000, and the debtor D.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 3 (including branch numbers), the purport of the whole pleading

2. The actual purchaser of the instant real estate through the instant sales contract for the Plaintiff’s assertion is the Plaintiff.

However, the Plaintiff entered into a title trust agreement with AD and entered into a sales contract under D, and completed the registration of ownership transfer in its name.

Since the above title trust agreement between the Plaintiff and D and the above ownership transfer registration based thereon are null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, the instant real estate trusted in title will remain as it is owned by E, a seller, and the instant sales contract between E and the Plaintiff still remains valid, and the Plaintiff has the right to claim the ownership transfer registration against E.

The Plaintiff seeks for the registration of ownership transfer in the name of the title trustee D and the cancellation of the ownership transfer registration in the name of the Defendants against the Defendants, who are the successors of D, in subrogation of E in order to preserve the right to claim ownership transfer registration in the instant real estate.

3. Determination

A. The buyer purchased the real estate through another person.