1. The plaintiff (Counterclaim defendant)'s principal suit against the defendant (Counterclaim plaintiff) B shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

1. The following facts do not conflict between the Parties:

On November 12, 1991, Defendant B completed the registration of ownership transfer with respect to 331 square meters of Gangwon-gun E (hereinafter “E”).

B. On March 11, 1994, the Plaintiff entered into a sales contract with Defendant C to purchase a price of KRW 28 million with D 31 square meters (hereinafter “instant sales”). Around that time, the Plaintiff paid all the instant sales price to Defendant C.

C. On August 5, 1994, the Plaintiff entered into a contract to establish a collateral (hereinafter “mortgage”) with Defendant B, the maximum debt amount of KRW 35 million with respect to the instant land, Defendant B, and the Plaintiff as the mortgagee, and completed the registration of the establishment of a collateral (hereinafter “mortgage”) on August 8, 1994.

D On October 21, 2004, the field 331 square meters was divided into D 282 square meters (hereinafter “instant land”) and F 49 square meters.

2. Judgment on the plaintiff's main claim

A. Defendant C is obligated to implement the registration procedure for transfer of ownership on the instant land by reason of the instant sale to the Plaintiff.

In addition, prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant C was deemed to have nominal trust with Defendant B, and thereafter the grace period under Article 11 of the said Act has expired, Defendant B was unjustly unjust enrichment (see, e.g., Supreme Court Decision 2008Da16899, Feb. 11, 2010). Defendant B is obligated to implement the procedure for the registration of transfer of ownership based on unjust enrichment on the instant land to Defendant C, and the Plaintiff, as the creditor of Defendant C, may seek implementation by subrogation of the Defendant C.

B. According to the above facts of recognition as to the claim against Defendant C, Defendant C, barring special circumstances, on the land of this case sought by the Plaintiff among the subject matter of sale in this case, was based on the sale in this case.