소유권이전등기
1. Of the instant lawsuits, each of the lawsuits against Defendant B, D, and E shall be dismissed.
2. The Plaintiff’s claim against Defendant C.
1. Basic facts
A. The Plaintiff and G are the children of H, and Defendant C is the first fourth degree of relationship between the Plaintiff and G, as the children of I, who are the births of H.
B. Defendant C completed registration of preservation of ownership on August 22, 1981 as the Full-Scale Registry of Gwangju District Court with respect to the area of 2,727 square meters before J of Jeondo-gun, Jeonnam-do-gun.
다. 피고 C은 2000. 7. 11. 전남 완도군 J 전 2,727㎡를 전남 완도군 J 전 1,988㎡와 전남 완도군 K 전 739㎡(별지 도면 표시 ㄱ, ㄴ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㄱ의 각 점을 차례로 연결한 선내 (가) 부분과 같다, 이하 ‘이 사건 토지’라 한다)로 분할하였다. 라.
G completed the registration of ownership transfer on the instant land by means of sale on September 8, 200, No. 9281, which was received on September 8, 2000 by the Gwangju District Court Full-scale District Court registry office, and September 5, 200.
E. On September 4, 2006, G merged the instant land and the instant land with the entire 405 square meters in 476 square meters in Jeonnam-do, Jeonnam-gun, Jeonnam-do, which is one of its own ownership, and 165 square meters in Do-gun, Jeonnam-do, Jeonnam-do.
F. G died on September 12, 2016, and his/her inheritor was Defendant D, E, and N, the spouse of Defendant B and his/her children. However, N died on February 22, 2017 while there was no spouse or child.
[Ground of recognition] Gap evidence Nos. 1, 3 through 8, 10, Eul evidence No. 1-1, Eul evidence No. 2, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the land of this case was purchased from O by the Plaintiff and G, and transferred the instant land to Defendant C, and H, around 1977, donated the instant land to the Plaintiff.
However, G completed the registration of ownership transfer in its name on September 8, 200 without any cause on the instant land without permission.
The registration of preservation of ownership in Defendant C’s name on the instant land is based on the title trust agreement, and is null and void pursuant to Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. As such, the Plaintiff was a person who donated the instant land from H, and as one of the ancillary inheritors, the Defendant is the Defendant.