1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 2004, No. 16979, as to the instant land owned by C, the registration of the transfer of ownership in D name (hereinafter “instant registration of transfer of ownership”) was completed as of July 19, 2004, and the registration of the establishment of a mortgage in the Defendant’s name was completed as of June 8, 2010 as of the receipt of the same date contract under No. 13261.

B. On November 16, 2016, the Plaintiff filed a claim against D and C for the registration of ownership transfer, etc. as Seoul Central District Court Decision 2015Kadan192935, and the above court rendered a favorable judgment against D and C on November 16, 2016, holding that “The Plaintiff entered into a sales contract with C on the instant land, and thus, registered the ownership transfer registration in the name of D with D under a title trust with D, is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name because it was made through a three-party registered title trust, and as a result, the instant land trusted under a title trust is owned by C.” As to the instant land, “D shall take the procedure for the registration of ownership transfer registration in the instant case, and C shall implement the procedure for the registration of ownership transfer for the Plaintiff on July 19, 2004.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the ownership transfer registration of this case was made pursuant to the three-party title trust agreement between the Plaintiff and D. As such, the title trust agreement and the change in real rights based thereon are null and void, and therefore, D is obligated to cancel the above transfer registration to the Plaintiff. The Defendant constitutes a third party with a interest in the registration concerning the cancellation of the ownership transfer registration of this case as a mortgagee of the land of this case, and thus, is obligated to accept the above cancellation to the Plaintiff

B. Although the registration of ownership transfer in this case was made, Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name.