1. The part concerning the claim for cancellation registration in the instant lawsuit shall be dismissed.

2. The plaintiff's third party's claim is dismissed.

3.

1. Basic facts

A. On March 7, 1995 with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”), the registration of transfer of ownership in C on March 7, 1995, and on June 25, 2009, the registration of transfer of ownership in the name of the Plaintiff was made in sequence.

B. On September 10, 2015, the Seoul Central District Court 2014Da2228639, which the Defendant filed a lawsuit for the cancellation of ownership transfer registration against B by subrogation as the creditor of B, dismissed the main claim (the Plaintiff’s claim against B for ownership transfer registration based on the restoration of real name regarding the instant real estate), and the conjunctive claim (the claim against the Plaintiff and C for cancellation registration of each of the above transfer registration) was rendered by the judgment citing the conjunctive claim (hereinafter “instant judgment”). The instant judgment became final and conclusive on October 30, 2015.

C. When the registration of ownership transfer in the name of the Plaintiff and C with respect to the instant real estate was cancelled in accordance with the instant judgment, the Defendant was issued a decision to commence a compulsory auction on December 11, 2015 with respect to the instant real estate based on the executory exemplification of the judgment of Suwon District Court Decision 201Da86577 Decided March 9, 2012.

In the instant judgment on January 11, 2016, the Plaintiff filed an appeal subsequent to the subsequent completion of the part of the conjunctive claim. However, the legal act between B and C is null and void as a false conspiracy, and the registration of ownership transfer in C is null and void as well as it is difficult to deem the Plaintiff as a bona fide third party in a false conspiracy. The judgment dismissing the appeal on January 20, 2017 was rendered, and the Plaintiff appealed, but the judgment of dismissal of the appeal was rendered on May 16, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 6, 7, 9, and 10 (including virtual numbers), the purport of the whole pleadings

2. Determination as to whether a lawsuit regarding a request for cancellation registration is lawful

A. The Plaintiff seeks against the Defendant the implementation of the procedure for the restoration registration of ownership transfer under the name of the Plaintiff whose registration was cancelled on the instant real estate.

However, the cancellation registration shall be made.