소유권이전등기
1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.
2. Preliminary Claim
1. Basic facts
A. On September 19, 2002, the EM 965㎡ owned 320/990 shares and the remainder of shares by G Co., Ltd. (hereinafter “G”) respectively. However, G completed the registration of each share transfer to Defendant B with respect to 350/990 shares out of its shares on September 19, 2002, and to H with respect to 320/990 shares.
B. On February 6, 2004, the above site was replaced by the land 2.2 (in sequence, “the instant real estate 1”, “the instant real estate 2,” and “the instant real estate 2,” and the two combined lands were replaced by the land of 1.320 square meters in order, according to the Land Readjustment Project Act, and the co-owned property partition was made on April 20, 2004. The instant real estate 1 was owned by Defendant B, and the instant real estate 2 was owned by H.
C. After that, Defendant C completed the registration of ownership transfer concerning each of the instant real estate on October 2, 2006 due to sale and purchase as of October 2, 2006, and Defendant D completed the registration of ownership transfer by winning the instant real estate at a voluntary auction procedure (JJ) on September 27, 2011.
【Reasons for Recognition】 The entries in the evidence of subparagraphs 3 through 5, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. On September 19, 2002, the Plaintiff purchased KRW 260 million from K’s representative director on September 19, 2002, and held title trust with Defendant B. The instant two real estate is the real estate that the Plaintiff concluded a sales contract to purchase KRW 650 million from H on May 22, 2005, and paid the full amount of the sales price.
However, Defendant B abused the title trust on the instant one real estate and the sales contract on the instant two real estate, thereby selling each of the said real estate to Defendant C following the death of the Plaintiff.
Therefore, the reason why Defendant B sold the instant real estate, which is the land under title trust, to Defendant C is null and void, and Defendant D also bears the obligation to the said real estate as a person who acquired the ownership of the said real estate.