1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B, 190,275.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. On May 3, 2002, the Plaintiff completed the registration of ownership transfer on the instant real estate on the grounds of “the successful bid by voluntary auction on April 12, 2002”.

On August 6, 2002, the Plaintiff completed the provisional registration of this case on the ground of “sale reservation on August 5, 2002” with respect to the share of 1/2 of the instant real estate to Defendant B.

On October 27, 2010, Defendant B completed the registration of transfer of part (1/4) of the provisional registration of this case on the ground of "property division" on October 11, 2010 to Defendant C.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. On August 5, 2002, the Plaintiff and Defendant B entered into a pre-sale agreement with respect to 1/2 shares of the instant real estate on August 5, 2002. Since Defendant B did not exercise the right to complete the pre-sale agreement until the lapse of 10 years thereafter, the right to complete the pre-sale agreement expired with the exclusion period. Therefore, the instant provisional registration should be cancelled as a registration without any cause. (ii) The Plaintiff completed the registration of transfer of ownership as to the entire real estate of this case on May 3, 2002, and 1/2 shares among them were based on the title trust held by Defendant B, the owner.

The provisional registration of this case aims to preserve the right to claim ownership transfer following the termination of Defendant B’s title trust.

Such title trust is null and void in accordance with the Act on the Registration in the name of the person having the actual right to real estate, and the title truster cannot have the right to claim the registration of ownership transfer due to the termination of the title trust agreement. Therefore, the instant provisional registration to preserve such title trust should be cancelled

B. The summary of the Defendants’ assertion and Defendant B entered into a partnership agreement with the Defendants to divide profits by selling and selling the instant real estate after receiving a successful bid.

Accordingly, the real estate of this case was acquired in the name of the plaintiff, and the defendant B.