소유권말소등기
1. All of the plaintiff's main claims are dismissed.
2. The Plaintiff; Defendant E is KRW 180,000,000; Defendant F is 120,000.
1. Facts of premise;
A. The registration of ownership transfer was completed as follows with respect to the land of 32,018 square meters in Seongdong-gu, Seowon-si, Changwon-si (hereinafter “instant land”).
The purpose of the registration No. 2 transfer of ownership No. 54512 on June 26, 2003; Defendant C C’s equity 1/2 on April 10, 2003; part (165/32,018); and part (165/32,018) of Defendant C’s equity 1/2 on September 16, 2003; and part (165/32,018) of Defendant C’s equity 1/2 on September 16, 2003; 330/32,018 of co-owners’ equity on September 1, 2003; and h on December 17, 2004, the entire co-owners’ equity share of Defendant D 4 (No. 97153, 204, Dec. 31, 2004).
B. On December 17, 2004 from Defendant B, C, and D, H drafted a sales contract with the content that the instant land is purchased at KRW 300 million (in the event of a contract, the remaining KRW 100 million is paid at KRW 200 million, respectively, on December 30, 2004). The Plaintiff holds a registration certificate related to the current sales contract, and H holds the Plaintiff’s registration certificate.
C. H left Defendant E and Defendant F with his spouse, and died on March 8, 2010.
[Ground of recognition] Facts without dispute, Gap 1, 2, 5, and 6's statements, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff purchased the instant land from Defendant B, C, and D, and the Plaintiff entered into a contract title trust agreement with H, and Defendant B, C, and D also have the primary cause of claim that the said contract title trust agreement was known. However, ① the Plaintiff’s right to claim for ownership transfer registration of the instant land against Defendant B, C, and D as preserved right; ② the Plaintiff exercised the right to claim for ownership transfer registration of Defendant B, C, and D against Defendant E, and ② again claimed for the implementation of the procedure for ownership transfer registration under the Plaintiff’s name against Defendant B, C, and D.
However, in the contract title trust in which the trustee becomes a party to the contract, the truster is entitled to claim against the trustee, unless the truster is entitled to any direct claim against the seller, and there is no claim against the truster.