1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation on this part of the basic facts is the same as the "1. Basic Facts" part of the judgment of the court of first instance, and therefore, they are quoted in accordance with Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. G received the instant successful tender on September 22, 1994, but did not complete the registration of ownership transfer as to the instant building. Accordingly, the Plaintiff was aware of the fact of the instant successful tender and was doing construction on the instant building with considerable expenses.

Last, G, which became aware of the fact, donated the instant building to the Plaintiff.

Accordingly, G completed the registration of ownership transfer on November 15, 2007 with respect to the land of Gangseoyang-gun, which is the site for the instant building, among the real estate awarded in the voluntary auction procedure of this case (Y). Since the instant building was donated to the Plaintiff, G did not make a long-term registration on this ground.

B. However, the Defendants, as the inheritors of G, conspired with G, known that G donated the instant building to the Plaintiff, and that the instant building that the Plaintiff paid construction cost of at least 200 million won, was sold to I in excess of 5 million won, and completed the registration of ownership transfer with respect to the instant building on October 12, 2010, when one year has elapsed since G’s death, on the ground of the completion of the registration of ownership transfer of this case and payment in kind on the same day, at the same time as G completed the registration of ownership transfer.

C. In light of the above, the Defendants’ completing the registration of ownership transfer of this case under the pretext of the return of legal reserve of inheritance not only contravenes Article 1117 of the Civil Act, but also becomes null and void based on the false declaration of conspiracy with I.

Therefore, the Defendants, around November 15, 2007, are obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case to the Plaintiff, the actual right holder who received the donation of the building of this case from G.

3. Determination

A. First, the Plaintiff is from G around November 15, 2007.