1. The plaintiff's claim is dismissed.

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

1. On May 27, 1999, the Plaintiff asserted that the Plaintiff entered into a pre-contract to transfer the instant real estate to a buyer when the Defendant and the instant real estate agreed to pay 35 million won for the purchase price and to complete the sale, and completed the instant provisional registration. Since the Plaintiff paid 4 million won on September 17, 2007 and 36 million won on October 2, 2007, the Defendant is obligated to implement the principal registration procedure.

2. Even if the Defendant’s assertion that the Plaintiff completed the provisional registration of this case by forging the purchase and sale reservation, the provisional registration of this case should be effective for preserving the order of priority of the right to claim ownership transfer registration based on the purchase and sale reservation.

However, even according to the Plaintiff’s entry in the preparatory brief dated September 15, 2015, the instant real estate was put on auction by the decision to commence the auction on January 19, 198, which was rendered by the Daegu District Court’s Branch of the Daegu District Court, and the Plaintiff was seeking to sell the instant real estate. However, due to the restriction on purchase, the Plaintiff was unable to participate in the auction procedure due to the restriction on purchase, and it was put on auction by borrowing real estate under the Defendant’s name, and the Plaintiff was the actual owner who paid all the auction proceeds, and completed the instant provisional registration.

Where a person who is liable for the price in the real estate auction procedure agrees to obtain an auction under another person's name and becomes the highest bidder accordingly, the person who is in the position of the highest bidder in the auction procedure is only a nominal person, and thus the ownership of the real estate for the purpose of auction is acquired externally as well as domestically regardless of who is actually responsible for the price. In such case, a title trust relationship is between the person who bears the price and the person who lends the name.