토지사용승낙이행
1. Of the instant lawsuit, the lawsuit against Defendant C shall be dismissed.
2. Defendant D is the U. Ulsan-gun E. for the plaintiffs to the plaintiffs.
1. According to the evidence evidence No. 6, Defendant C completed the registration of ownership transfer on July 18, 2001 with respect to the instant real estate; Defendant C completed the registration of ownership transfer on May 13, 2015 with respect to one-half share due to donation to G; and H and I completed the registration of ownership transfer on May 25, 2018 with respect to one-fourth share due to donation to H and I.
2. Judgment on the plaintiff's claim
A. (1) Although the registration of ownership transfer in Defendant C’s name was invalidated on July 18, 2001 concerning the instant real estate asserted by the Plaintiff, Defendant C and G et al. conspired with each other to register the ownership transfer in the name of G et al. for the purpose of infringing the Plaintiff’s rights.
Therefore, the registration of transfer of ownership in the name of G, H, and I concerning the instant real estate is null and void.
The plaintiff seeks the cancellation of the above transfer registration on behalf of the defendant D in lieu of the defendant C, and the defendant C asks the defendant D to complete the transfer of ownership with respect to the real estate in this case.
(2) A lawsuit seeking the implementation of the procedure for registration of cancellation of ownership transfer registration shall be brought against the registered titleholder, and a person, other than the registered titleholder, is not qualified as the defendant in such lawsuit.
The Plaintiff, against Defendant C, sought cancellation of the registration of transfer of ownership in the name of G, H, and I concerning the instant real estate. Ultimately, the instant lawsuit against Defendant C is unlawful against a person who is not a party to the instant lawsuit.
In addition, comprehensively taking account of the purport of the entire argument in Eul evidence No. 2, Defendant D filed a lawsuit against Defendant C with the Ulsan District Court 2013Kadan21450, and rendered a judgment on February 19, 2014 to implement the procedure for the registration of ownership transfer on the ground of donation on May 6, 2005, and it can be acknowledged that the judgment became final and conclusive as it is.
Thus, the plaintiff's claim for the above part has already been brought by defendant D.