1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant B.

Basic Facts

On November 26, 2002, the Plaintiff lent KRW 47,000,000 to Defendant C, plus KRW 3,000,000 on January 28, 2004.

The Plaintiff filed a lawsuit against the Defendant C with the Suwon District Court Branch Branch 201Kadan10701, and the said court rendered a judgment on October 20, 201, that “Defendant C shall pay to the Plaintiff 47,000,000 won and interest calculated at the rate of 20% per annum from January 1, 2005 to the date of full payment,” and the said judgment became final and conclusive around that time.

On the other hand, on June 19, 2002, Defendant C participated in the tender in accordance with the public notice of real estate sale publicly announced by the Korea Rural Community Corporation on behalf of Defendant B, and won the land of this case in the name of Defendant B, and entered into a sales contract on June 29, 2002 with the purchase price of this case at KRW 57,605,00, and the transfer registration under Defendant B was completed on September 1, 2003.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), the plaintiff's assertion in the overall purport of the pleadings, the plaintiff's assertion in the whole purport of the pleadings, and the defendant C entered into a sales contract with the Korea Rural Community Corporation on June 29, 2002, but made a title trust agreement with Defendant B to acquire only the name of the above land.

The above title trust agreement constitutes a three-party registered title trust, and the registration made accordingly is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). Thus, the Plaintiff shall exercise the right to claim cancellation of the ownership transfer registration of the instant land against Defendant C in subrogation of Defendant C in order to preserve the loan claims against Defendant C, and the right to claim ownership transfer registration of Defendant C against Defendant Korea Rural Community Corporation in subrogation of each other.

Preliminaryly, between Defendant C and Defendant B.