1. The plaintiff's claim is dismissed.

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

1. On February 22, 2010 with respect to the apartment of this case, which was owned by C, the ownership transfer registration based on the sale in the Plaintiff’s future on February 22, 2010, and the ownership transfer registration based on the sale in the Defendant’s future on December 8, 2010, is not disputed between the parties, or can be recognized according to the evidence A 1 and 2.

2. The plaintiff asserted that his purchase fund was borne by D in purchasing the apartment of this case, and himself was merely a title trustee entrusted with the title of contract from D, but at the time, C was not aware of such circumstances. Thus, the plaintiff finally acquired the ownership of the apartment of this case pursuant to the proviso of Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name, and thereafter completed the registration of ownership transfer on the apartment of this case at the request of the title truster D. The above registration under the name of the defendant was made based on a bilateral title trust agreement between the plaintiff and the defendant, or based on a third party title trust agreement between the plaintiff and the defendant, and thus, it is alleged that the above registration under the name of the defendant is null and void. The defendant demanded the execution of the registration procedure for ownership transfer on the ground

3. The defendant's judgment on this safety defense is acknowledged to be D by the plaintiff himself, but the plaintiff's filing of the lawsuit in this case in the name of the plaintiff is deemed to be unlawful since it constitutes a litigation trust. Thus, in order to say that the filing of the lawsuit in this case was based on the litigation trust, it should be the case where the registration in the plaintiff's name concerning the apartment in this case was made mainly for allowing the plaintiff to conduct the litigation. Considering the circumstances in which the lawsuit in this case was filed against the defendant after the transfer of ownership was made through the plaintiff, the registration in the name of the plaintiff concerning the above apartment in this case shall be made.