소유권말소등기
1. Of the judgment of the first instance court, the part against Defendant C and the procedure for the cancellation of ownership transfer registration against Defendant B shall be implemented.
1. Basic facts
A. On November 23, 2006, the Plaintiff purchased the instant real estate from D, the owner of the instant real estate, at KRW 125,000,000, and completed the registration of ownership transfer under Defendant C’s name on the same day (hereinafter “first registration”). < Amended by Act No. 23793, Nov. 23, 2006, Nov. 23, 2006>
B. On October 4, 2007, Defendant C completed the registration of ownership transfer (hereinafter “instant second registration”) with the Gwangju District Court No. 175655 on October 4, 2007 due to purchase and sale of the instant real estate to Defendant B on September 8, 2007.
C. The Plaintiff is the biological father of Defendant C and the external third village of Defendant B.
[Ground for recognition] Unsatisfy, Gap evidence 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (1) (A) The Plaintiff: (a) purchased the instant real estate from D and completed the instant registration under Defendant C’s name in accordance with the title trust agreement between Defendant C; (b) thereby title trust (so-called “third party registered title trust”; (c) the instant registration under Defendant C’s name is deemed to be “the Act on the Registration of Real Estate under Actual Titleholder’s Name,” and thus, “the Act on the Registration of Real Estate under Actual Titleholder’s Name.”
(2) Article 4(1) and (2) of the Real Estate Real Name Act is null and void pursuant to the main text of Article 4(1) and (2). (B) Since Defendant B, in collusion with Defendant C, etc. even though it did not conclude a sales contract on the instant real estate, the registration of the instant real estate was completed by means of false declaration of intention by fraud and deception, the registration of the instant real estate is null and void. (2) Defendant B, even though the Plaintiff was aware that the instant real estate was trusted in title with Defendant C, was completed without going through the real name registration under the Plaintiff’s name, is null and void pursuant to Articles 4 and 11(1) of the Real Estate Real Name Act.