1. Defendant B was involved in the real estate recorded in the attached list and caused by the restoration of the authentic title.

1. Basic facts

A. The Plaintiff was the owner of the instant real estate. On February 28, 2013, the Plaintiff sold the instant real estate at KRW 75 million to D, but agreed to transfer the ownership of the said real estate to Defendant B.

B. Defendant B completed on March 4, 2013, according to the title trust agreement with D (hereinafter “instant title trust agreement”), the ownership transfer registration of the instant real estate was completed under Defendant B’s name (hereinafter “instant title trust agreement”).

C. On the other hand, on March 4, 2013, Defendant C lent KRW 70 million to Defendant B as collateral, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with respect to the instant real estate as the debtor B, Defendant C, and the maximum debt amount of KRW 15 million. Defendant B paid KRW 20 million out of the total debt of KRW 70 million paid from Defendant C to the Plaintiff as the purchase price, and paid KRW 50 million to D.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4, witness E's testimony, and purport of whole pleading

2. The assertion and judgment

A. The registration of ownership transfer for the restoration of the authentic title of the judgment as to the primary claim against Defendant B is to seek the implementation of the procedure for ownership transfer registration for the restoration of the authentic title of the registration, based on the ownership by the person who has already registered the ownership in his/her future, or who has acquired the ownership by the law, to restore the title of the registration.

(See Supreme Court Decision 88Meu20026 delivered on December 21, 1990, etc.). According to the above facts, the Plaintiff, a seller of the instant real estate under the instant title trust agreement between D and Defendant B, completed the registration of ownership transfer to Defendant B, and thus, the registration of ownership transfer in this case is below the Act on the Registration of Real Estate under Actual Titleholder’s Name.