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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Whether the lawsuit of this case is legitimate
A. The Plaintiff asserted that the Plaintiff purchased 1,365 square meters, etc. from Nonparty C prior to Jeju City D (hereinafter “instant land”) and entrusted the buyer’s name and ownership on the registry to the Defendant.
However, since the above title trust agreement and the registration of transfer of ownership in the name of the defendant under the name of the person having the actual right to the real estate are entirely null and void in accordance with the Act on the Registration, etc. of Transfer of Ownership in the name of the person having the actual right to the real estate, C, a seller, may seek cancellation of transfer registration in the name of the defendant, and the plaintiff, as the purchaser of the above sales contract
B. In a creditor subrogation lawsuit, where the existence of a preserved claim is not recognized as the creditor's right to the debtor who is to be preserved by subrogation, the creditor himself/herself becomes the plaintiff and has no standing to exercise the debtor's right to the third debtor, and such subrogation lawsuit is unlawful. Accordingly, the plaintiff's right to claim the transfer of ownership against C as the buyer of the sales contract of this case is examined ex officio.
Comprehensively taking account of the purport of the entire pleadings in Gap evidence Nos. 1, 6 and Eul evidence Nos. 5, it is recognized that the plaintiff, when purchasing the land, etc. of this case from C on June 13, 2008, he/she entrusted the name of the defendant to the defendant, prepared a sales contract with the defendant as the purchaser, and received the registration of ownership transfer from Cheongju District Court No. 2370 as to the land of this case from Cheongju District Court No. 2370. 8, 2009.
The distinction between a title trust agreement and a three-party registered title trust or a contracting title trust will result in the problem of determining who the contracting party is, and the contracting party becomes the title trustee.