1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant additional 2 building was owned by the Plaintiff. The Defendant occupied and used the 2nd floor part of the instant additional 2 building from October 17, 2010 to September 30, 2013 without permission, and thus, paid KRW 25,013,670 in excess of the rent.

Preliminaryly, even if the Plaintiff owned the instant additional 2 building, the Plaintiff acquired the right to claim the rent from I to the Defendant, so the Defendant is obligated to pay the Plaintiff rent KRW 25,013,670, which the Plaintiff acquired.

B. Determination as to the primary claim is 1) Even in cases where a person who intends to purchase real estate in the real estate auction procedure wishes to obtain a decision to permit the sale under another person’s name while he/she bears the purchase price, and the sale was permitted by the other person, the purchaser of the auction procedure is the title holder, so the ownership of the real estate for the purpose of auction should be acquired by the title holder regardless of who is the person who actually bears the purchase price. In such cases, a title trust relationship between the title holder who bears the purchase price and the title holder who lends the name is established. In such a case, a title trust agreement between the title truster and the title trustee who lends the purchase price under the name of the title holder

Article 4 (1) is null and void in accordance with Article 4 (1), but even if the owner was aware of the above title trust agreement or the owner and the title truster are the same person, the acquisition of ownership by the title holder is null and void in accordance with Article 4 (2) of the Real Estate Act.