소유권이전등기
1. Of the instant lawsuit, the part of the Plaintiffs’ primary claim against Defendant F is dismissed.
2. Defendant F shall:
1. Basic facts
A. On December 24, 2001, the network A entered into a contract with Defendant G Co., Ltd., Defendant J Co., Ltd, Defendant J Co., Ltd, and Defendant K Co., Ltd to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) in KRW 104,325,913.
B. On February 21, 2005, the Deceased sold the instant real estate to Defendant F, a female, in KRW 93,893,400, and on February 28, 2005, the name of the buyer was changed to Defendant F.
C. On May 16, 2005, Defendant F completed the procedure for ownership transfer registration (hereinafter “instant registration”) from the Defendant Company with respect to the instant real estate.
The Deceased died during the instant lawsuit, and the Plaintiffs, a child of the Deceased, hold inheritance shares each in 1/4.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 through 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. The Deceased held the title trust of the instant real estate to Defendant F, which is null and void since it is a “three-party registered title trust agreement,” and there is no validity of the instant registration made based thereon. As such, Defendant F is obligated to implement the procedure for the cancellation of the instant registration to the Defendant Company, and the Defendant Company is obligated to implement the procedure for the registration of cancellation of the instant registration to the Plaintiffs, the heir of the Deceased.
B. If the above title trust is recognized as a “contractual title trust,” Defendant F, the trustee, is obligated to refund the amount equivalent to the purchase price to the Plaintiffs, who are the inheritor of the deceased, in accordance with each inheritance share (1/4).
3. Determination
A. The following circumstances, which were acknowledged prior to the determination on the existence of a title trust agreement between the deceased and the Defendant F, comprehensively taking account of the respective entries and arguments in the evidence Nos. 7 through 12, and the overall purport of the arguments, namely, the remainder that the deceased or the Plaintiff C paid the sale price of the instant real estate under the name of Defendant F.