1. The plaintiff's claim is dismissed.

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

Basic Facts

On April 2003, the Plaintiff, Defendant, and C jointly contributed to the Incheon District Court DD real estate auction, the object of which is the voluntary auction of real estate, to receive a successful bid by jointly contributing the E-dong Incheon Metropolitan City E-gu 1,130.2 square meters (hereinafter “instant E”). On June 13, 2003, the Plaintiff, Defendant, and C were awarded a successful bid in the name of Defendant and C joint bid with the price of KRW 630 million.

The defendant and C paid all the successful bid price on July 24, 2003, and on August 21, 2003, they completed the registration of ownership transfer in their respective names with respect to each of the above E land.

On July 24, 2003, the Defendant and C prepared a written confirmation to the Plaintiff that the Plaintiff “as the said three parties distributed the instant land to each one-third of each of the said land and invested, it is confirmed that the Plaintiff has ownership of 1/3 shares in the said land.”

Meanwhile, while the instant lawsuit is pending, F, a notary public against the Plaintiff, was issued a decision on the seizure and assignment order of claims (hereinafter “order for seizure and assignment of claims of this case”) with respect to “120 million won, out of the money that the Plaintiff would have been paid by the Defendant from the Seoul Western District Court 2012Gahap8932 (the instant case),” as the obligor and the Defendant, as the third party obligor, based on the executory exemplification of notarial deed No. 368, 2012, 368, 2012, the notary public against the Plaintiff was issued a decision on the seizure and assignment order of claims (hereinafter “instant order”).

On November 12, 2012, the instant claim attachment and assignment order was served on the Defendant and became final and conclusive on December 5, 2012.

【Where a person who intends to purchase real estate at the real estate auction procedure to determine whether there exists any dispute, Gap’s evidence Nos. 1 through 3, Eul’s evidence Nos. 9 and 10, and the cause of a claim for the whole pleadings has received a decision to permit sale under his/her name under a title trust agreement with another person and paid the purchase price in full, ownership of the real estate for auction purposes shall be acquired by the title holder regardless of whether or not he/she bears the purchase price,