1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by C, and Defendant B completed the registration of ownership transfer based on sale on September 5, 2001, No. 55641, which was received by the Cheongju District Court on September 5, 2001.

B. On April 9, 2012, Defendant Cheongnam Agricultural Cooperatives (hereinafter “Defendant Cheongnam Agricultural Cooperatives”) completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a superficies”) on the instant real estate as of April 9, 2012, as of April 9, 2012, based on the contract to establish a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) and completed the registration of creation of superficies (hereinafter “registration of creation of superficies”) on April 9, 2012 as of April 42810 of receipt of the Cheongju District Court.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. After the Plaintiff joined the Korea Local Administration Mutual Aid Association on April 20, 1979, the Plaintiff purchased KRW 21,480,600 as funds received during retirement on August 3, 2001 and entrusted the title of ownership to Defendant B. Since the title trust was terminated by delivery of a copy of the instant complaint, Defendant B is obligated to complete the registration of ownership transfer on the instant real estate on the ground of termination of the title trust on the date of delivery of a copy of the instant complaint.

B. Since a person registered as an owner of a judgment real estate is presumed to have acquired ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proving that it was based on the title trust (in this case, the plaintiff).

(See Supreme Court Decision 2007Da90883, Apr. 24, 2008). However, the evidence submitted by the Plaintiff alone was merely a title trust with respect to the instant real estate to Defendant B, and the said registration of ownership transfer was completed based on such title trust.