1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned B. The Defendant was awarded a successful bid on April 7, 2014 in the auction procedure for the real estate auction commenced with the Suwon District Court C.

B. The Plaintiff filed an application against B for a payment order with the Gwangju District Court No. 2014 tea19524, and the said court accepted the said application on January 5, 2015, and issued a payment order stating that “B shall pay to the Plaintiff 30 million won and the amount calculated at the rate of 5% per annum from January 16, 2014 to January 9, 2015, and 15% per annum from the next day to the date of complete payment.” The said payment order was finalized on January 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. Plaintiff’s assertion 1) The Defendant received a successful bid (purchase price) from B pursuant to the title trust agreement with B, and won the instant real estate at auction. In the real estate auction procedure, where a person who wants to purchase real estate at the real estate at the real estate auction procedure, obtained a decision of permission for sale under another person’s name while obtaining a decision of permission for sale, and the permission for sale was granted pursuant to an agreement with the said other person, the person who is in the title holder is bound to acquire the ownership of the real estate for auction purposes regardless of who is the person who actually bears the purchase price. In this case, a title trust relationship exists between the person who bears the purchase price and the person who lends the name (see, e.g., Supreme Court Decision 2006Da35117, Nov. 9, 2006). (2) The Act on the Registration of Real Estate under Actual Titleholder’s Name whose name the title trust agreement

The title trust relationship between the actual obligor of the purchase price and the nominal holder is established in purchasing real estate after its enforcement.