소유권이전등기
1. All claims filed by the Plaintiff (Counterclaim Defendant) against Defendant B and C, and claims filed by the Defendant (Counterclaim Plaintiff) against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The instant real estate was owned by Nonparty E, and on June 8, 2006, the ownership transfer registration was completed on the ground of sale on February 15, 2006 (the transaction price of KRW 139,000,000). On July 6, 2006, the Plaintiff as a person holding a provisional registration, made the Plaintiff as a person holding a provisional registration, and the provisional registration of the right to claim ownership transfer registration was completed on the same day (hereinafter “the instant provisional registration”).
B. On October 14, 2012, G died, and on January 31, 2018, the registration of ownership transfer was completed with respect to shares of 4/22 of the instant real estate in the future between Defendant B and Nonparty H, each of the instant real estate, as the children of G, due to the division of inherited property on January 31, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2-1, facts with merit in this court, the purport of the whole pleadings
2. The plaintiff asserts that the real estate in this case was purchased at his own money, and that, in G, the plaintiff expressed his intention to terminate the title trust by delivery of a duplicate of the complaint in this case, the defendants are obligated to implement the registration procedure for transfer of ownership due to the cancellation of title trust with respect to the real estate in this case.
According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a title truster and a title trustee entered into a contract title trust agreement, and the title trustee entered into a contract with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the relevant real estate in accordance with the said contract, the title trustee will fully acquire the relevant real estate, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee bears the duty to return unjust enrichment to