소유권말소등기
1. As to real estate Nos. 1 in the separate sheet:
A. Defendant (Counterclaim Plaintiff) D is the Incheon District Court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff A is the wife of the deceased F (the deceased on February 14, 2016, hereinafter “the deceased”), the Plaintiff B and C are the deceased’s children, and Defendant D are the mother of the deceased.
B. Defendant E is the former owner of the instant land, which completed the registration of ownership transfer on October 29, 2001 with respect to the real estate Nos. 1 in [Attachment List] (Yancheon-gu G, Nam-gu, and 146.4 square meters; hereinafter “instant land”), and completed the registration of ownership transfer on March 20, 202 to Defendant D based on sale.
C. Meanwhile, Defendant D completed the registration of initial ownership on May 10, 2002 on the instant land, when referring to the title of the attached list Nos 2 through 11 of the fourth floor size on the ground of the instant land (hereinafter collectively referred to as “instant building”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 5, the purport of the whole pleadings
2. Judgment on the plaintiffs' main claim
A. The plaintiffs' assertion 1) The deceased purchased the instant land from Defendant E, and conducted a third party interim omission title trust agreement between Defendant D with the name of registration. The above title trust agreement and its registration are null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name Act"). Thus, the ownership of the instant land is returned to Defendant E, a seller.
Since the sales contract that the deceased entered into with Defendant E is valid, Defendant E is obligated to perform the registration procedure for transfer of ownership pursuant to the above sales contract.
Since the Plaintiffs, as the inheritors of the deceased, have the right to claim the transfer registration of ownership of the instant land against Defendant E based on the above sales contract, the Plaintiffs seek procedures for the cancellation of the transfer registration of ownership in the name of Defendant D on the instant land in subrogation of Defendant E for the preservation thereof.
B. The Deceased’s relationship with Defendant D.