1. Of the instant lawsuit, the part of the claim for cancellation of the ownership transfer registration against Defendant C is dismissed.

2. The plaintiff's defendant C.

1. Basic facts

A. As to the real estate listed in the separate list owned by the Geum-gu Saemaul Savings Depository (hereinafter “instant real estate”), the registration of ownership transfer was completed on April 27, 2007 pursuant to the contract title trust agreement between the Plaintiff and D, and the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on October 31, 2007 as the ASEAN Branch of the Daejeon District Court on October 31, 2007, No. 53289 on October 31, 2007.

B. Defendant C purchased the instant real estate under the name of D in the real estate compulsory auction procedure E in Daejeon District Court Seocheon-gu, Daejeon District Court, and paid the sale price on April 30, 2012 and completed the registration of ownership transfer on the same day.

C. After that, Defendant C asserted against the Plaintiff that “The contract title trust agreement between the Plaintiff and D and the provisional registration of this case pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, thereby seeking cancellation of the provisional registration of this case.” Defendant C filed a lawsuit for cancellation of provisional registration under the Daejeon District Court’s 2012Gadan9535, Daejeon District Court’s 2012Gadan9535. On September 10, 2013, the appellate court ( Daejeon District Court 2013Na10727) ordered the execution of the procedure for cancellation registration of the provisional registration of this case upon the Defendant C’s request on September 10, 2013. While the Plaintiff filed an appeal (Supreme Court 2013Da21288, Dec. 26, 2013), the final judgment was pronounced and finalized on August 29, 2014.

Defendant C sold the instant real estate to Defendant B on August 29, 2014, and completed the registration of ownership transfer on September 3, 2014.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 6, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. A lawsuit demanding the cancellation of the ownership transfer registration against Defendant C is lawful, thereby obtaining a right on the register or recording in the registration by making the cancellation registration.