1. The defendant is on the ground of the restoration of the authentic title with respect to the portion of 10/31 of the real estate listed in the attached list to the plaintiff.

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer with respect to real estate listed in the separate sheet on October 13, 1999 (hereinafter “instant real estate”).

B. On July 18, 2018, the Plaintiff prepared a sales contract with the Defendant to sell 10,000 square meters of the instant real estate to the Defendant for KRW 3,150,000 among the instant real estate, and completed the registration of ownership transfer under the Defendant’s name as the registration office of the Incheon District Court on July 30, 2018, as the receipt of No. 287019, Jul. 30, 2018.

C. On the other hand, on July 18, 2018, the date on which the above sales contract was prepared, the Defendant drafted a written confirmation to the Plaintiff that “the Defendant would simultaneously implement the ownership transfer registration due to the promise to sell and purchase, and if the Defendant’s creditor files a provisional attachment or provisional disposition, return the borrowed real estate to the Plaintiff, the original owner.”

As a result, the Plaintiff prepared a pre-contract between the Defendant and the Defendant on the same day, and completed the registration of the right to claim transfer of all shares based on the pre-contract as to the portion of 10/31 shares in the Defendant’s name among the instant real estate by the registration office of the Incheon District Court on July 30, 2018.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, determination as to the cause of the claim, the title truster’s transfer of the title of the real estate owned to the title trustee is null and void, and thus, the title truster’s transfer of the title of the real estate to the title trustee.