소유권이전등기
1. The main claim of this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3. The costs of the lawsuit.
1. Judgment on the main claim
A. The gist of the Plaintiff’s assertion is as follows, and the Plaintiff sought for the registration of transfer of ownership against the Defendant B and C on behalf of the Defendant Company B and C by claiming the registration of transfer of ownership to E as the preserved bond.
1) The Plaintiff, F, G, and H, a corporation substantially controlled by G, shall have invested the mutual money around October 2013, and one group of eight (8-one unit of forest land in Kimpo-si, Kimpo-si, Kimpo-si (which was divided thereafter and became each real estate listed in the separate sheet).
hereinafter referred to as “instant real estate”
(2) On October 10, 2013, the Plaintiff, F, and G entered into a sales contract with E to purchase the instant real estate at KRW 432 million, and E was aware that the Plaintiff, F, and G were in a partnership relationship with each other.
3) On December 29, 2014, F entered into a title trust agreement with Defendant B and C, and accordingly, E enter into the instant real estate (referring to the real estate after the division thereof).
(4) As to Defendant Company B and C, a title trustee, completed the registration of ownership transfer in the future, Defendant Company B and C, the title trustee; therefore, the title trust agreement between the above union and Defendant Company B and C is null and void, and the registration of ownership transfer is also null and void. As such, Defendant Company B and C are obligated to implement the registration procedure for ownership transfer based on the restoration of real name. As for the preservation act under the proviso to Article 272 of the Civil Act, the Plaintiff filed the instant lawsuit against Defendant B and C by subrogation
B. 1) Ex officio, we examine the legitimacy of the above part of the Plaintiff’s lawsuit in this case. 2) The Civil Act’s partnership agreement is a contract under which two or more persons mutually invest and agree to jointly operate a business. Since the partnership’s property belongs to the partnership’s partnership property, it is related to the claim that belongs to the partnership’