1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The instant real estate was owned by J. On September 5, 2013, K filed a provisional registration of the right to claim ownership transfer based on the trade reservation with respect to the instant real estate, and on February 23, 2015, on which February 23, 2015, completed the principal registration based on the foregoing provisional registration and acquired its ownership.

After that, on May 27, 2016, the Defendant acquired the ownership of the instant real estate from K on the grounds of sale on May 16, 2016.

[Reasons for Recognition] Unsatisfy, Entry of Gap evidence 1 (including provisional number), the purport of whole pleadings

2. The gist of the Plaintiff’s assertion on the cause of the claim was that the Plaintiff concluded a title trust agreement to purchase the instant real estate from J and to register in the name of K.

Therefore, the transfer of ownership in K is null and void by Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name.

However, K sold the instant real estate to the Defendant, and ① the sales contract between K and the Defendant is null and void as a false conspiracy, and ② even if not, the Defendant actively participated in the act of breach of trust and purchased the instant real estate, such a sales contract is null and void as an anti-social juristic act.

Therefore, the Plaintiff, the heir of J, seeks implementation of the procedure for registration of cancellation of ownership transfer by subrogation of Co-Defendant D, E, F, G, H, and I of the first instance court, the co-Defendant D, G, H, and I.

Even if a creditor has exercised a creditor's subrogation right and won the procedure of cancellation of ownership transfer registration to the third debtor himself/herself, the registration of cancellation based on the judgment is returned to the debtor's name, so the creditor who exercises the creditor's subrogation right can seek to implement the procedure of cancellation registration directly.

(See Decision 94Da58148 delivered on April 14, 1995, etc.). 3. Determination

A. We examine whether the Plaintiff registered the title of the instant real estate to K, and the co-defendant B of the first instance court who succeeded to K, is in the name of K.