소유권이전청구권 가등기등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On July 8, 2005, the Plaintiff completed the provisional registration of the right to claim ownership transfer registration based on the pre-sale agreement with respect to each real estate listed in the separate sheet, which was owned by Defendant B, and Defendant B completed the principal registration based on the above provisional registration on March 13, 2008.
B. After that, on September 1, 2008, Defendant B completed the registration of the right to claim ownership transfer registration on each real estate listed in the separate sheet with respect to each real estate listed in the separate sheet to Defendant C, who is a friendship.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion ① (a) was made in title trust with Defendant B, as a means to prepare for a divorce lawsuit with Defendant D at the time, and to prepare for the seizure procedures, such as Busan Dongdong-gu, etc., and such title trust agreement is null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name; (b) Defendant B’s provisional registration of the right to claim ownership transfer and the principal registration based on the above title trust agreement constituted a registration of invalidity of cause; and (b) Meanwhile, Defendant C, while being aware of the title trust agreement between Defendant B and the Plaintiff, was actively involved in the title trust agreement and completed the registration of the right to claim ownership transfer in its name, such agreement constitutes a registration of invalidity of cause
B. Defendant B’s assertion 1) continues to provide the Plaintiff with medical treatment while living together, and the Plaintiff’s monthly wage alone was insufficient to cover such medical treatment costs and thus continued to use his money. As such, the Defendant C donated each real estate listed in the separate sheet from the Plaintiff for the purpose of preserving the said amount. (2) The Defendant C entered into a pre-sale agreement with the Defendant on each real estate listed in the separate sheet with a cost of KRW 100 million, and accordingly, the pre-sale agreement on each real estate listed in the separate sheet was concluded