소유권이전등기말소등
1. Of the principal lawsuit of the Plaintiff (Counterclaim Defendant), regarding real estate listed in the attached Table 1 list against the Defendant (Counterclaim Plaintiff) C.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the principal lawsuit
A. The Plaintiffs’ claim 1 regarding the real estate indicated in the [Attachment 1] List against Defendant C, as indicated in the Plaintiffs’ claim No. 1 List (which is divided into real estate divided into 653 square meters before Jinyang-gun.)
The “instant real estate” is not related to before and after the division.
The Plaintiffs purchased from K and held title trust with Defendant C. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
(2) According to the agreement, the title trust agreement between the plaintiffs and the defendant C is null and void, and any change in the real right under that agreement is null and void, and the real estate of this case is owned by the defendant D, I, E, F, G, and H (hereinafter the above six defendants are collectively referred to as "defendant D, etc.").
(2) However, in order to preserve the right to claim the transfer registration of ownership against Defendant D, etc., the heir of the Plaintiffs, as seen above, the Plaintiff’s right to claim the cancellation of the ownership transfer registration against Defendant C by subrogation (creditor subrogation lawsuit). Therefore, Defendant C is obligated to implement the procedure for the cancellation registration of ownership transfer registration in the name of the Defendant C, which was completed with respect to the instant real estate, to Defendant D, etc.; 2) The so-called third party registered title trust Plaintiffs, who purchased the instant real estate from K and entrusted only the registered title to Defendant C, do not clearly indicate whether the registered title is a third party registered title trust or a contract title trust. However, if the contract title trust is claimed, the Plaintiff’s right to claim the transfer registration of ownership against Defendant C, etc., who is the preserved right, does not directly indicate whether the registered title is a third party registered title trust or a contract title trust. Therefore, the Plaintiffs’ claim against Defendant C is premised on the third party registered title trust.