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1. Defendant B caused the Plaintiff to recover the true title regarding the real estate stated in the attached list.
Reasons
1. Basic facts
A. On July 20, 2015, Defendant C completed the registration of ownership transfer based on sale on July 20, 2015, regarding the real estate listed in the separate sheet owned by the Plaintiff.
B. On August 8, 2015, Defendant B entered into a contract with Defendant C to purchase real estate in the attached list of KRW 185,000,000, and on August 12, 2015, Defendant C completed the registration of transfer of ownership on August 8, 2015 with regard to real estate listed in the attached list in Defendant C’s name.
[Reasons for Recognition] The Evidence Nos. 1 to 3, and Eul No. 1
2. Determination as to the claim against Defendant B (hereinafter “principal defendant”)
A. The plaintiff's assertion that the plaintiff concluded a sales contract to sell the real estate listed in the separate sheet to the non-party D, who is the plaintiff's friendship, and since no contractual relationship was established with the defendant C, the registration of transfer of ownership in the name of the defendant C as to the real estate listed in the separate sheet is registration of invalidity of cause. The registration of transfer of ownership in the name of the defendant C, which was based on the registration of transfer of ownership in the name of the invalid defendant C, also constitutes registration of invalidation of cause. The main defendant asserts that the plaintiff, who is the owner of the real estate listed in
B. Determination 1) The following facts may be acknowledged according to the overall purport of each entry and pleading of evidence Nos. 1 through 8, and the following facts. ① Nonparty D, the Plaintiff’s friendship, proposed that the Plaintiff purchase the real estate indicated in the attached list owned by the Plaintiff at KRW 180 million around July 2015. ② The Plaintiff decided to sell the real estate listed in the attached list to Nonparty D at KRW 180 million, and on July 20, 2015, the Plaintiff visited Nonparty D’s office together with Nonparty D’s seal impression and transfer documents to Nonparty D.