소유권이전등기 및 말소등기
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Plaintiff A is the husband of the network E, Plaintiff B and C are the children of the network E, and the Defendant is the female of the network E.
B. On March 8, 2003, the Flu-type Rebuilding Housing Association concluded a sales contract with the Defendant for the real estate listed in the separate sheet (hereinafter “instant apartment”) with the purchase price of KRW 161,00,000 (hereinafter “instant sales contract”). On April 30, 2003, the Incheon District Court completed the registration of ownership transfer (hereinafter “instant transfer registration”) with the Defendant as the receipt of No. 59600 on April 30, 2003.
C. The network E died on November 8, 201, and the Plaintiffs inherited the network E’s property.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, and 4 (including virtual number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiffs' assertion 1) The network E borrowed only the name of the defendant and entered into the instant sales contract, and as the seller of the FY reconstruction housing association was aware of this, the parties to the instant sales contract were not the defendant but the network E, and the third party title trust agreement was established between the network E and the defendant. 2) Since the instant sales contract between the network E and the defendant is null and void, the instant sales contract between the network E and the FM reconstruction housing association still remains valid, the plaintiffs shall first seek the cancellation of the instant ownership transfer registration on behalf of the defendant, and again file a lawsuit against the FM reconstruction housing association.
In order to clarify the legal relationship with 3 times, the Plaintiffs: (a) deemed that the Defendant directly against the Defendant as unjust enrichment on the part of the Plaintiff; (b) sought the implementation of the procedure for transfer of ownership, etc. based on unjust enrichment on the instant apartment as to the instant apartment; and (c) sought the cancellation of the transfer of ownership, which is null and void for the Defendant on behalf of the seller, in lieu of the Flue
(b) judgment;