1. All the appeal filed by the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed by this court.

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

1. The part of the judgment of the first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, which shall be written in this part of the basic facts.

2. Judgment on the main defense against the main defense

A. The purport of the Defendant’s defense is that the Plaintiff’s transfer of the provisional registration of this case from F constitutes a litigation trust with the main intent to conduct the procedural acts of this case. The Plaintiff’s principal lawsuit of this case is unlawful as it was filed based on the litigation trust.

B. The content to be stated in this part of the judgment is set forth in Article 420 of the Civil Procedure Act 2-B.

The part of paragraph is cited as it is.

3. Judgment on the merits of the claim on the merits

A. On September 26, 2017, F exercised the right to conclude a pre-sale agreement against the Defendant on or around September 26, 2017; the Plaintiff acquired the provisional registration of this case from F on or around November 27, 2017; and completed the additional registration prior to the provisional registration of this case as to the provisional registration of this case, as seen in the above basic facts; according to the record of evidence No. 28, the Plaintiff and F, on June 28, 2018, prepared a written contract stating that “F shall transfer the right to claim ownership transfer registration of the land of this case acquired by exercising the right to conclude a pre-sale agreement against the Defendant to the Plaintiff as its original owner.” Accordingly, the Plaintiff is in the position of the transferee of the right to claim ownership transfer registration held by F on the land of this case; on the other hand, the right to claim ownership transfer registration by sale of real estate constitutes the seller’s obligation to transfer the property right as the effect of sale of real right, and the seller bears the fiduciary duty to obtain ownership registration obligation.