원인무효에의한 소유권이전등기의 말소등기
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and Defendant D were legally married, and they divorced around December 22, 2003, and Defendant B and Defendant D are children of the Plaintiff and Defendant D.
B. On November 23, 1999, Defendant D completed the registration of ownership transfer based on the sale on September 20, 1999 with respect to the land of 4,155 square meters (hereinafter “former F F land”) located in Seocheon-si, Seocheon-si, Mapo-si. Defendant D completed the registration of ownership transfer based on the sale on September 20, 199. On March 5, 2003, Defendant C completed the registration of ownership transfer based on the donation from February 19, 2003.
C. On July 8, 2003, the former F land was divided into 2,502 square meters (hereinafter “1 land”) and 1,653 square meters (hereinafter “2 land”) prior to the E, the former F land was registered.
On July 23, 2003, Defendant C and D completed the registration of ownership transfer of the entire co-owner's share transfer on the ground of the donation of No. 2 to Defendant B on July 1, 2003.
[Ground for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2, 2-3, and Gap evidence 6]
2. Determination
A. The plaintiff asserted that the plaintiff purchased the former F land in the amount of KRW 95 million from the previous owner on September 20, 199 and completed the title transfer registration under the name of the defendant D after concluding a title trust agreement with the defendant D.
However, on March 5, 2003, Defendant D completed the registration of ownership transfer with respect to 662/4,155 shares of the former F land among the former F land, and again Defendant D and C completed the registration of ownership transfer with respect to the second land divided from the former F land on July 23, 2003 to Defendant B. Unless Defendant C and B have any special reason to acquire each of the above land, Defendant C and B succeeded to the above title trust agreement between the Plaintiff and Defendant D.
Accordingly, the plaintiff terminated the above title trust agreement between the plaintiff and defendant D with the delivery of a duplicate of the application for correction of the purport and cause of the claim of this case. Accordingly, each of the above claims against the defendants are stated.