1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. On January 31, 200, the Plaintiff’s assertion purchased real estate listed in the attached list (hereinafter “instant apartment”) and resided in the apartment of this case from March 2002 and from the apartment of this case. Upon the commencement of voluntary auction based on the right to collateral security established on the instant apartment, the Plaintiff received a decision to permit the sale in the name of the deceased in order to protect the place of residence, and then borrowed KRW 30 million from E in the above auction procedure, and paid the purchase price by obtaining a loan of KRW 65 million from the Korea Life Insurance Co., Ltd.

Therefore, the apartment building of this case was substantially trusted to the Plaintiff’s owner or the deceased, and the above title trust agreement is terminated by serving a duplicate of the complaint of this case on the Defendants, the inheritor of the deceased.

Therefore, the Defendants, the inheritor of the deceased due to the cancellation of title trust, are obligated to implement the procedure for ownership transfer registration of the apartment of this case to the Plaintiff, and the registration in the name of the deceased was made based on an invalid title trust agreement pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and thus, the registration in the name of the deceased is invalid. Therefore, the ownership transfer registration in the name of the deceased should be cancelled, and the apartment of this case was owned by the Plaintiff. Therefore, the Defendants are obligated to implement the procedure for ownership transfer registration

2. Determination

A. Where a person who intends to purchase real estate in the real estate auction procedure has received a decision to permit the sale under his/her name under the title trust agreement with another person and paid the purchase price in full at his/her own expense, the ownership of real estate for auction purposes shall be acquired by the title holder regardless of whether he/she bears the purchase price, and a title trust agreement between the title truster and the title trustee who lends the name