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1. The defendant shall recover to the plaintiffs each of 1/3 shares of each real estate listed in the separate sheet 1.
Reasons
1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 7, it is recognized that the plaintiffs inherited 1/3 shares from E on March 29, 1992, respectively, and the defendant, at the auction procedure conducted on December 29, 1992, on the basis of the right to collateral security (the right to collateral security) of KRW 100,000,000, which was set up by the court of Gwangju District Court's net Branch Branch Office, the registration of transfer of ownership as of September 4, 1996 under the title No. 15561, which was received on September 4, 1996.
The instant right to collateral security is recognized as a false collateral security without a specific secured debt, in order to prepare for a lawsuit against the Plaintiffs by their relatives on the ground of termination of title trust with a certified judicial scrivener.
Since the mortgage of this case is null and void, an auction which is the execution of the mortgage of this case is also null and void, and the defendant cannot acquire ownership by auction.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on one-third share of each of the real estate in this case to the plaintiffs.
2. The defendant's assertion on the defendant's assertion asserts that the right to collateral security in this case was registered in accordance with the substantial relation by paying the plaintiff's mother on February 25, 2004 the amount of KRW 62,00,000 in return for the acquisition of the real estate in this case to the plaintiff's mother, the cost of establishing the right to collateral security, the cost of creating the right to collateral security, the cost of repairing and electricity, and the cost of living for the plaintiffs and the plaintiffs' mother.
It is not enough to admit the defendant's assertion only with the descriptions of the evidence Nos. 1 to 5.