1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 12, 2015, the Defendant was awarded a successful bid for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure of the real estate auction commenced as Ji Government District Court Goyang Branch B.

(B) On March 12, 2015, the registration of transfer of ownership was completed on March 12, 2015 by the Goyang Branch of the District Court.

The Plaintiff filed an application against Nonparty C and D for a payment order seeking the payment of the acquisition amount with the Gwangju District Court 2014 tea 19512. On January 5, 2015, the said court accepted the said application and issued a payment order jointly and severally issued to the Plaintiff with the content that “C and D Co., Ltd. shall pay KRW 300 million and delay damages therefor to the Plaintiff,” and the said payment order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant received a successful bid (purchase price) from C pursuant to the title trust agreement with C, and won the instant real estate at a successful bid. In the real estate auction procedure, where a person who wants to purchase 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 is established 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 title trust agreement becomes invalid

In purchasing real estate after the enforcement, between the actual obligor and the holder of the purchase price.