The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. Pursuant to the order of provisional disposition No. 2004Kadan6382 on May 14, 2004, Ulsan District Court 2004, the registration of provisional disposition was completed in accordance with the order of provisional disposition No. 2004Kadan6382 on the same day.

B. The creditor of the above provisional disposition is the plaintiff and the preserved right is stated as the claim for ownership transfer registration under the agreement on April 26, 2004. On April 19, 2018, the ownership transfer registration was completed in the plaintiff's future with respect to the share of 305.125/1,398 of the above land (hereinafter "share of land in this case") on the ground of sale as of April 26, 2004.

C. On November 2, 2018, Ulsan District Court notified the Defendant that “The Plaintiff violated Article 3 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) with title trust.”

On April 4, 2019, the Defendant imposed a penalty surcharge of KRW 25,801,370 on the Plaintiff pursuant to Articles 3 and 5 of the Real Estate Real Name Act on the ground that “the Plaintiff trusted the ownership of the instant land to D” following the prior notice of disposition and the procedures for submitting opinions.

(hereinafter “instant disposition”) e.

Accordingly, the Plaintiff filed a petition for adjudication seeking revocation of the instant disposition, but the petition for adjudication was dismissed on September 26, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 3, 8, 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 2 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion concluded a contract with C to purchase the instant land shares of KRW 89,00,000 solely, and on the same day D purchases shares of KRW 1,092.875/1,398 except the said shares among the instant land, and prepares a joint investment agreement with the Plaintiff, thereby forging a document regarding the entire instant land.