1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 12, 1990, the Plaintiff and the Defendant were merged between the land in Gwanak-gu in Seoul Special Metropolitan City and the land in D owned by the Defendant, and newly built the 4th floor (multi-household housing (8 households), on that ground; hereinafter “instant building”). On the completion of the construction, the new construction works decided to proceed by the Defendant. Of the instant building, 102, 202, 402, among the instant building, the Plaintiff, 101, 201, 301, 302, and 401, respectively, concluded a partnership agreement with the purport that the Defendant will own, respectively.

B. After the completion of the instant building on December 31, 1992, the registration of ownership preservation was completed in the name of the Plaintiff for each household of the instant building, and for each household of the instant building on December 31, 1992, the registration of ownership preservation was completed in the name of the Defendant for 152/230 shares

C. After that, with respect to 102 building of this case, the registration of transfer of ownership in the name of the plaintiff was completed on July 5, 1994 on the ground of sale and purchase on May 6, 1994 as to the part of the building of this case as to the part of the defendant as to the part of co-owned property partition on November 12, 1993, No. 49807 and 49810 of the same registry office as to the part of co-owned property partition on December 20, 1993, the registration of transfer in the name of the plaintiff was completed on December 12, 1993 as to the part of the plaintiff as to the part of 101 and 302 as to the part of the building of this case on November 20, 1993, the registration of transfer was completed on the ground of co-owned property partition under the name of the defendant as the receipt of the same registry office on December 20, 1993.

On the other hand, with respect to the Defendant’s shares as to Nos. 201 and 401 of the instant building, the registration of transfer of shares in the Plaintiff’s name was completed on November 12, 1993 on the ground of the partition of co-owned property on December 20, 1993 by the same registry office Nos. 49806 and 49809, respectively, and with respect to No. 301, the above registration of preservation remains as it remains. However, the Defendant filed against the Plaintiff for the implementation of the procedures for registration of transfer of ownership on the ground of termination of the title trust agreement with respect to the Plaintiff’s shares among Nos. 201, 401 and 301.