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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the purport of Gap evidence Nos. 1, 2, 3, and 5 (including virtual numbers) and the whole pleadings, the plaintiff entered into a sales contract with C to purchase the real estate listed in the separate sheet (hereinafter "the real estate of this case") from C on April 2, 2008, and completed the registration of ownership transfer for the reason of the sale on May 14, 2008, and the plaintiff entered into a sales contract between D and D on May 28, 2010, selling the real estate of this case to D on June 29, 2010, with D on June 28, 2010, and
2. The plaintiff's assertion and judgment
A. At the time of the possession of the instant real estate, the Plaintiff concluded a bilateral title trust agreement with D to change the name of the said real estate to D to maintain the loan loan, and accordingly transferred the registration of ownership transfer to D. Since D arbitrarily sold the said real estate to the Defendant who was well aware of the fact that it was the above title trust agreement, the Defendant asserts that the Defendant is liable to implement the procedure for ownership transfer registration, which caused the restoration of the real name of the pertinent real estate.
As the main text of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) provides that “any change in the real rights to real estate, which was made by the registration under a title trust agreement, shall be null and void,” the title truster, as the owner of the trusted real estate, may seek cancellation of the ownership transfer registration on the ground that the cause thereof is null and void.”