1. Of the Plaintiff’s lawsuit in this case, the Plaintiff’s claim against Defendant Limited Partnership C for the procedure for registration of cancellation of ownership transfer.

1. The Plaintiff’s real estate indicated in the separate list of the Plaintiff’s assertion (hereinafter “each of the instant real estate”) is owned by the Plaintiff as the real estate awarded at auction under the name of Defendant B through Nonparty D by providing the purchase fund, and the Plaintiff established the Defendant C, and registered the ownership transfer of the instant real estate Nos. 2 and 3, and thereafter D arbitrarily transferred the ownership of the instant real estate Nos. 2 and 3.

Therefore, Defendant C, as a return of unjust enrichment, is obligated to return the instant Claim 1 to the Plaintiff. Since each ownership transfer registration on the instant Claim 2 and 3 is null and void based on D’s embezzlement, Defendant C is obligated to delete it. Defendant B, as a return of unjust enrichment, is obligated to return the instant Claim 2 and 3 real estate to the Plaintiff.

2. In a judgment procedure on the portion of a claim for return of unjust enrichment against the Defendants, where a person who intends to purchase real estate in the real estate auction procedure agrees to obtain a decision of permission for sale under another person’s name and obtain permission for sale, the person who is in the position of purchaser in the auction procedure is the title holder, and thus, the title holder acquires the ownership of the real estate for auction purpose regardless of who is the person who actually bears the purchase price. In this case, between the person who bears the purchase price and the person who lends the name, a title trust relationship is established (see Supreme Court Decision 2006Da35117, Nov. 9, 2006). According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title truster and the title trustee entered into the so-called contract title trust agreement, and the title trustee was a party to the contract and did not know that the title trust agreement was established.