1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added at the trial.

1. Basic facts

A. On May 4, 2005, the Defendant concluded a sales contract for each of the lands listed in C and [Attachment List Nos. 1 to 6 (hereinafter “instant sales contract”) and purchased it, and D mediated the said sales contract.

B. Around February 27, 2006, the Defendant completed the registration of ownership transfer for each real estate of this case on May 4, 2005.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) First, the Plaintiff’s title trust agreement with the Defendant (hereinafter “instant title trust agreement”).

A) Upon entering into a contract and completing the registration of ownership transfer under the name of the Defendant with respect to each of the instant real estate. The above title trust agreement is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter

) Article 4(1) of the Real Estate Real Name Act is null and void pursuant to the main sentence of Article 4(2) of the same Act, and the registration of ownership transfer under the Defendant’s name is null and void. Accordingly, the Plaintiff seeks implementation of the procedure for registration of cancellation of ownership transfer of each of the instant real estate by subrogation of C in order to preserve the right to claim for ownership transfer registration against C under the instant sales contract, and seek for implementation of the procedure for registration of ownership transfer in the Plaintiff’s future against C. 2). If the instant title trust agreement is not a three-party title trust agreement, the Defendant, on the premise that the said title trust agreement is a contract title trust agreement, unjust enrichment from the Plaintiff, under the premise that the said title trust agreement is not a contract title trust agreement. Accordingly, the Plaintiff sought reimbursement of the above purchase fund

B. The financial resources of the down payment and intermediate payment for the purchase of each of the instant real estate by Defendant 1 are raised by the Defendant, and only the remainder is collected by the Defendant from the Plaintiff.