1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the mother of Nonparty C, and the Defendant is the Plaintiff’s wife as C.

B. The Plaintiff acquired ownership by completing the registration of ownership transfer on July 2, 1991, on the ground of sale on June 21, 1991, with respect to the 507 of the 5th, Seocheon-gu D apartment No. 5 (hereinafter “instant real estate”).

C. On September 21, 2000 with respect to the apartment of this case, the decision of compulsory auction was made on September 21, 200 and the compulsory auction procedure was in progress.

Upon the plaintiff's request, the defendant participated in the above auction procedure and won the bid on January 29, 2001, and completed the registration of ownership transfer on April 2, 2001.

E. Around January 29, 2001, the Plaintiff paid 46,500,000 won for the successful bid of the instant real estate on behalf of the Defendant, and around March 29, 2001, the Plaintiff paid 2,010,000 won for a certified judicial scrivener on behalf of the Defendant.

F. Since the acquisition of ownership of the instant real estate, the Defendant paid the property tax imposed on the instant real estate to the present day.

G. The plaintiff is residing in the real estate of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In a case where a person who intends to purchase real estate in the real estate auction procedure obtains a permit for sale under an agreement with another person to obtain a permit for sale under his/her own name and obtain a permit for sale under another person’s name, the person who takes the position of purchaser in the auction procedure is limited to his/her name and thus the person who actually bears the purchase price is entitled to acquire the ownership of the real estate for the purpose of auction regardless of who is the person who bears the purchase price. In such cases,

Supreme Court Decision 2008Da62687 Decided November 27, 2008