1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On July 15, 2003, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 15, 2003 with respect to the instant real estate owned by the Plaintiff to Defendant B, who was in a de facto marital relationship (hereinafter “instant registration of ownership transfer”).

B. On November 12, 2008, Defendant B completed the registration of creation of a mortgage over the maximum debt amount of KRW 30,000,000,00 to Defendant B and the mortgagee C with respect to the instant real estate (hereinafter “registration of creation of a mortgage over the instant case”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the time of the registration of ownership transfer, D, the Plaintiff’s assertion, continuously demanded that the Plaintiff sell the instant real estate and lend the money to the Plaintiff.

The plaintiff thought that if the registration of ownership transfer of the real estate of this case was completed in his own name, the request of D will continue, and completed the registration of ownership transfer of this case with Defendant B.

However, pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the above title trust agreement is null and void. Since the change in real rights by the registration of ownership transfer of this case is null and void, the Plaintiff is still the owner

Therefore, the Defendant, as the owner of the instant real estate, is obligated to implement the procedure for registration cancellation of the ownership transfer registration of this case.

In addition, even though Defendant B did not have a debt, in collusion with Defendant C, completed the registration of creation of the instant neighboring mortgage to Defendant C, and at the time Defendant C knew that the instant real estate was trusted by the Plaintiff.

Therefore, the Defendants’ act of completing the registration of the establishment of the instant neighboring land is null and void due to the conspiracy false representation or the legal act against social order. Thus, Defendant C is the owner of the instant real estate.