In the judgment of the first instance court, the part against the defendant (the part concerning the plaintiff's request for the execution of the procedure for registration of cancellation).

In the first instance trial, the Plaintiff filed a claim for damages due to tort against the Defendant for the procedure for changing the name of the owner of the building indicated in the separate sheet (hereinafter “instant building”) and for claiming for the performance of each procedure for cancelling registration of cancellation of ownership preservation. The court of first instance dismissed the part of the claim for the performance of the procedure for changing the name of the owner of the building, citing the claim for the performance of the procedure for cancelling registration of cancellation

Since only the defendant appealed against this, the party members' appeal is limited to the claim for the execution of the registration procedure for cancellation of ownership preservation.

Basic Facts

The reasons for this part are as follows: (a) the reasoning for the judgment of the court of first instance is the same as that of Article 420 of the Civil Procedure Act, except where “B” is deemed as an intervenor.

The intervenor, upon receiving the loan from the plaintiff for the construction of the building of this case from the plaintiff, concluded a trust contract and a fund management agency contract with the purport that the plaintiff should complete the registration of initial ownership in the name of the intervenor with respect to the newly constructed building which will be completed in the future as collateral and concluded the trust registration with the first priority beneficiary, and thus, even though the plaintiff was obligated to cooperate for the trust necessary for the security of claims, there was an agreement to change the name of the owner of the building of this case in the name of the defendant in the future (hereinafter "the agreement of this case"). Based on this, the registration of initial ownership in the name of the defendant with respect to the building of this case was completed, thereby causing the risk that the plaintiff's right to receive the right to benefit with the trust property of this case will fall into the impossibility of performance. This constitutes

On the other hand, the defendant is an additional trust where the building of this case is the first priority beneficiary.