A. On May 27, 2015, the Plaintiff entered into a sales contract with Defendant B and the Plaintiff for the purchase price of KRW 342,70,000 (hereinafter “instant sales contract”) with respect to the amount of KRW 3,418 square meters in the petitioner-gu, Cheongju-si (hereinafter “instant F land”) and KRW 1,977 square meters in E (hereinafter “instant land”).

B. Meanwhile, regarding the instant F land, the registration of the establishment of a neighboring mortgage in the name of Defendant D, the debtor, and the maximum debt amount of Defendant B, was completed on May 29, 2015, which was received on May 29, 2015, with regard to the instant F land as “the maximum debt amount of Defendant B, and the maximum debt amount of Defendant B”.

C. As to the instant land E, ① Cheongju District Court received on June 26, 2015 as the received No. 90251

5. The registration of ownership transfer was completed under Defendant C’s name on the ground of sale as of June 28, 201, and ② the registration of creation of superficies (No. 90253) was completed on June 26, 2015, which was received on the same day as the Cheongju District Court, which was rendered on June 26, 2015, the registration of creation of a mortgage against the mortgagee as “the party with superficies C and the person with superficies” to “the party with superficies C and the person with superficies” as “the party with a right to create the superficies”.

[Ground of Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-3, Eul evidence 1-1-3, Eul evidence 1-1-4, Eul evidence 2-3, Eul evidence 2-4, Eul evidence 1-1-3, Eul evidence 1-1-3, Eul evidence 2-4, and Eul evidence 2-2-4, the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination as to the application for cancellation registration against the Defendant C and the agricultural cooperatives in Gangwon-do

A. The summary of the Plaintiff’s assertion 1) The transfer of ownership in the name of Defendant C, which was completed with respect to the instant land E, is completed in accordance with the title trust agreement with Defendant B, and such registration is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Defendant C constitutes the registration of invalidity of cause by reason of this paragraph.