1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On May 6, 1980, the Plaintiff purchased from Pyeongtaek-si D 1,233 square meters (hereinafter “the instant real estate”) in KRW 2,550,00,00 and paid the price in full, but trusted the ownership thereof to the Defendant. As such, the registration of ownership transfer in the Defendant’s name on the instant real estate stated in the purport of the claim (hereinafter “the instant registration of ownership transfer”) is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name as a registration under title trust, and the instant real estate is owned by C, the former registration titleholder.

Accordingly, the Plaintiff seeks to cancel the ownership transfer registration of this case in subrogation of C in order to preserve the right to claim ownership transfer registration of this case.

B. The Defendant asserted that the Defendant purchased the instant real estate from Defendant C, completed the registration of transfer of ownership, and did not conclude a title trust agreement with the Plaintiff, thereby failing to comply with the Plaintiff’s request.

2. Determination

A. In the case of so-called three-party registered title trust under the Real Estate Real Name Act, the existing title trust agreement and registration pursuant thereto are null and void, and as a result, the real estate held in title return to the seller’s ownership. As such, the seller may seek cancellation of the registration under the name of the title trustee.

Meanwhile, since the sales contract between the seller and the title truster is valid, the title truster can file a claim for the registration of ownership transfer based on the sales contract with the seller, and in order to preserve the right to claim the registration of ownership transfer, the title truster can seek the cancellation

Therefore, in this case where the plaintiff subrogated the right to claim the cancellation registration based on the ownership of defendant E, the plaintiff must have the right to claim the transfer registration based on the sales contract of the plaintiff's assertion against defendant E.