사해행위취소
1. All of the plaintiffs' lawsuits against Defendant D, E, and F are dismissed.
2. All of the plaintiffs' claims against Defendant C.
1. Basic facts
A. On May 27, 1981, Defendant C completed registration of preservation of ownership in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094 of Dec. 31, 197, invalidation, etc.) with respect to the area of 28,066 square meters of G forest in Masan-si, Changwon-si (hereinafter “instant forest”).
B. On August 17, 2015, Defendant D completed the registration of ownership transfer on the ground of donation (hereinafter “registration under Defendant D”) on August 13, 2015 with respect to the instant forest land, and on July 26, 2016, Defendant E and F completed the registration of ownership transfer on the ground of donation (hereinafter “registration under Defendant E and F name”). On July 26, 2016, Defendant D completed the registration of ownership transfer on the basis of donation on July 26, 2016 with respect to the respective share of 3,765/28,06 of the instant forest land in the name of Defendant E and F.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1 and the purport of whole pleadings
2. As to Defendant C
A. The plaintiffs asserted that the defendant C is liable to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to shares of 1/3 of the forest of this case among the forest of this case, since they title trust with the defendant C on May 27, 1981.
B. However, according to Articles 4, 11, and 12 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster, who had any real right to real estate registered or had any real right to real estate registered under the name of the title trustee pursuant to the title trust agreement prior to the enforcement of the Act, shall carry out the actual name registration within one year from the enforcement date of the Act, and if the real name registration or the sale disposition is not made within the said period, the title truster becomes null and void thereafter, and any change in the real right to real estate made pursuant to the registration made pursuant to the title trust agreement becomes null and void. Accordingly, after the said grace period has expired, the title truster or his heir shall claim against the title trustee