1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 5, 2003, the registration of ownership transfer was completed in the name of C on March 5, 2003 with respect to one-third shares (hereinafter “instant real estate”) out of 8,199 square meters of B forest land in Yongcheon-si.

B. On May 23, 2016, the Defendant completed the attachment registration, such as the entry in the purport of the claim regarding the instant real estate in order to execute the amount in arrears against C (hereinafter “instant attachment registration”).

C. On June 28, 2017, the Plaintiff filed a lawsuit against C to seek implementation of the procedure for ownership transfer registration on the ground of termination of title trust with respect to the instant real estate, and received a ruling of recommending reconciliation with the purport that “C shall implement the procedure for ownership transfer registration on the ground of termination of title trust on May 2, 2017 with respect to the instant real estate to the Plaintiff.”

The decision of recommending reconciliation was finalized on July 19, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 9, 16, 17, 14-1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant real estate was owned by the Plaintiff, and title trust was made to C.

The plaintiff filed a lawsuit against C seeking the implementation of the ownership transfer registration procedure due to the termination of title trust, and received a decision of recommending reconciliation with the purport of receiving the plaintiff's request.

The registration of this case by the defendant became null and void due to the termination of the plaintiff's title trust on the real estate of this case.

Therefore, the defendant is obligated to express his/her consent to the procedure for cancellation registration of the attachment registration of this case, to cancel the attachment registration or to cancel the attachment decision.

3. Determination

A. In a case where the property subject to attachment 1 of relevant legal principles is a registered real estate, whether the property belongs to the taxpayer’s ownership should be determined by the validity of registration. The registration of co-ownership in the delinquent’s name on the real estate subject to attachment was made through title trust based on the truster’s will.