소유권이전등기말소등기 등
1. The plaintiff's claim against the defendant B, whose exchange was changed in the trial of the party, and the executor of the defendant's will D.
1. The grounds for this part of the underlying facts are as stated in the reasoning of the judgment of the court of first instance, i.e., the “Witness R” in Part 5 of Part 3 of the judgment of the court of first instance, and the “this court” in Part 17 of Part 4, i.e., the “court of first instance” in the main sentence of Article 420 of the Civil Procedure Act, except for the case where the “this court” is deemed to be the “court of first instance.”
2. The assertion and judgment
A. The Plaintiff’s assertion is as follows. Defendant B is obligated to perform the procedure for registration of cancellation of ownership registration of this case to Defendant D, the executor of the will of this case, and Defendant D is obligated to implement the procedure for registration of transfer of ownership of each real estate of this case to the Plaintiff, who takes the legacy of each real estate of this case, according to the instant testamentary document.
1) Defendant B is the trustee who received the title trust of each of the instant real estate from C, and the title trust agreement and any change in real rights based thereon are null and void. Defendant B completed the registration of ownership transfer on the instant 1 and 2 real estate by forging the registration documents by forging the registration documents by C.
The part concerning the real estate Nos. 1 and 2 in the registration of ownership of this case is invalid in this respect.
B. Determination 1) We examine whether Defendant B received the title trust of each of the instant real estate from Defendant C in the instant testamentary document. (A) The fact that Defendant B entered the content that the instant real estate will be bequeathed to the Plaintiff, Defendant B completed the instant ownership registration on July 24, 2004 on each of the instant real estate following the preparation of the instant testamentary document; and Defendant B did not keep the registration certificate in the name of the principal on each of the instant real estate; (b) the registration certificate in the name of Defendant B on each of the instant real estate was proved to have been in the custody of Plaintiff; and (c) Defendant D would have transferred the ownership of each of the instant real estate to the Plaintiff as stated in the instant testamentary document.