Text
1. The judgment of the court of first instance is modified as follows.
The defendant shall list the plaintiff (appointed party) and the appointed party B in attached Form.
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the
2. The judgment on the cause of the claim was examined. On April 29, 1999, the ownership transfer registration was completed in the deceased D on April 16, 2006 regarding the building of this case. The inheritance by consultation and division on August 16, 2006, and on April 1, 2011, the appointed party B was 7/9 shares, the plaintiff was 2/9 shares, and the ownership transfer registration was completed by the plaintiff was completed on May 3, 1999. The fact that the establishment registration was completed due to the contract on April 30, 199, the defendant was completed on April 30, 199, and on the other hand, on April 30, 199, which appears to have been at the time of the establishment of the above collateral obligation as seen earlier, and as such, it was apparent that the above secured obligation was extinguished from April 30, 199, and the above secured obligation became extinct, barring special circumstances.
3. Judgment on the defendant's defense
A. The gist of the Defendant’s defense is that the Defendant: (a) purchased the instant building at KRW 60 million and registered the ownership transfer to the network D in order to assist the Defendant’s set-off Party D and Selection B’s housing unstable; and (b) purchased the instant building at KRW 60 million and registered the ownership transfer to the network D; (c) if the registered title trust is registered, the registration of ownership transfer is null and void; (d) the registration of ownership transfer to the Plaintiff and the Selected B’s ownership transfer is also null and void; and (e) the registration of ownership transfer to the instant building was to secure the claim for return of unjust enrichment amounting to KRW 60 million for the purchase price of the said building; and (e) on or around December 2017, the Plaintiff and the said Selection were issued a registration right to the instant building, and thus, the Plaintiff and the said Selected are the secured debt.