1. The part of the judgment of the court of first instance against the defendant D and the defendant E shall be revoked;

2. Defendant D, Defendant D, and Defendant.

1."1. Basic Facts in the judgment of the court of first instance" among the reasons why the trial of the cited part is based on this case;

2. Ex officio determination as to the legitimacy of the claim for ownership transfer registration concerning the real estate listed in the [Attachment List No. 5] among the lawsuits against Defendant B among those against Defendant B;

3. The part of the defendants' judgment on the prior defense of the merits is the same as the judgment of the first instance court, except for the whole modification to the list "attached Form 1". This part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A claim for the registration of ownership transfer for the restoration of the authentic title of registration for the determination of the claim for the registration of ownership transfer based on the restoration of the authentic title of registration is filed under one’s own name, or the genuine owner who acquired ownership by law seeks to implement the procedure for the registration of ownership transfer based on the ownership against the present registered titleholder by means of restoring the real title of registration (see, e.g., Supreme Court Decision 96Da47142, Mar. 11, 1997). In the title trust, an external trustee is the owner of the title trust, and an external trustee can only seek the exclusion of the infringement on the title trust property on behalf of the trustee, and the truster can only seek the exclusion from such infringement on behalf of the trustee. Thus, the plaintiff cannot be deemed to be in the position of the genuine owner who is entitled to the claim for the registration of ownership transfer against the defendant who is the third person.

(see, e.g., Supreme Court Decision 2000Da36484, Aug. 21, 2001). In addition, even if a real estate title trust contract is terminated, the effect of termination is not retroactive, and it is merely effective in the future, and thus, the ownership of the real estate is not naturally returned to the truster. However, the trustee is the trustee.