소유권이전등기 말소 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The facts that the plaintiff, E, and I concluded a sales contract to jointly purchase the instant real estate from co-defendant D of the first instance trial, and that the registration was made in the name of the defendant do not conflict between the parties. Thus, the title trust agreement entered into between the plaintiff, E, I and the defendant as it constitutes a three-party title trust and the registration of title transfer entered into between the plaintiff, E, I and the defendant is null and void. However, the sales contract between the plaintiff, E, I and D is valid.
Therefore, since the plaintiff's claim seeking the cancellation of ownership transfer registration on the instant real estate by subrogation of D is well-grounded, the defendant is obligated to implement D procedures for cancellation of ownership transfer registration on the purport of the claim concerning the instant real estate.
2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.