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Attached Form
For each of the real property listed in the list 1/2 shares:
A. Defendant B shall recover the title of the petition against Nonparty D.
Reasons
1. Basic facts
A. The Plaintiff is the subject of Defendant C, and Defendant B is the children of Defendant C.
B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was owned by Nonparty D. Nonparty E, a usheshel of Defendant B and Defendant C, completed the registration of transfer of ownership on July 25, 2013 with respect to each of the instant real estate on July 26, 2013 (hereinafter “instant sales contract”).
(c)
E on May 18, 2015, Defendant B completed the registration of ownership transfer on May 18, 2015 with respect to one-half of their respective shares of each of the instant real property.
(d)
The purchase price under the instant sales contract is KRW 45,00,000, and the Plaintiff paid KRW 25,000,000 to the Defendant on July 23, 2013, which was at the time of the conclusion of the instant sales contract (hereinafter “the instant money”).
[Ground for Recognition: Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings]
2. Determination on the Defendants’ respective claims for registration of transfer of ownership
A. The plaintiff's assertion (i) The plaintiff's assertion is accepted by the defendants' defense and sought the return of KRW 25,000,000 as the conjunctive claim against the defendant C in preparation for the case where this part of the claim is dismissed. As examined below, the plaintiff's primary claim is accepted. Thus, the plaintiff's conjunctive claim is not determined.
The plaintiff was killed together from the bend after the defendant C was old.
In accordance with the proposal, each of the instant real estate was jointly purchased, and the Defendant C delegated the overall purchase of real estate to Defendant C, and paid the instant money to the effect that the purchase price and the registration cost are borne by half.
In this regard, the defendant C voluntarily completed the registration of the transfer of ownership by the name trust in the name of E and the defendant B, and thereafter E has completed the registration of the transfer of ownership again to the defendant B, and is formed on the extension of the above name trust agreement.