소유권이전등기 등
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, each of the attached Tables 2 through 22 shall be listed in the separate sheet.
1. The plaintiff's ground of claim
A. B purchased G site 2,154.8 square meters (hereinafter “the instant land”) from the name of G, G, and completed the registration of ownership transfer for the instant land in the future C, and established D (hereinafter “D”) to obtain additional loans while constructing an aggregate building (hereinafter “the instant building”) on the said ground, and re-transfer the ownership transfer registration for the instant land to D future.
After that, the defendant received the registration of ownership transfer for the land of this case in accordance with the trust contract with D, and completed the registration of ownership preservation for the land of this case upon completion of the building of this case.
B. The instant building was newly constructed with B’s cost and effort, and it was the original acquisition of B’s ownership.
Therefore, the trust contract that the Defendant entered into with D as to the instant building is a contract with an unentitled person, and no effect exists, and registration of preservation of ownership of the instant building completed in the future of the Defendant on the ground of such trust contract should also be cancelled as it becomes invalid.
C. Therefore, the defendant is obligated to perform the procedure for registration of cancellation of each registration of ownership preservation on each building listed in the separate sheet, which is part of the building of this case, as stated in the separate sheet, and even if not, the defendant is obligated to perform the procedure for registration of cancellation of each registration of ownership preservation on each building listed in the separate sheet.
Therefore, the Plaintiff, a creditor of B, sought the performance of the duty of registration of ownership transfer on the ground of the restoration of the real name as the principal creditor, and sought the performance of the duty of registration of ownership transfer on the ground of the above cancellation in preliminary order.
2. Determination as to the legitimacy of the main and ancillary claims for each building listed in the separate sheet Nos. 2 through 22 among the instant lawsuits
A. The relevant legal doctrine is the one responsible for registration, i.e., the form on the registry.