1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The owner of the land of 5187m2 (hereinafter “instant land”) in Jeonnam-gun, Jeonnam-gun, Youngnam-gun, is Emph.

B. The registration of ownership transfer in the name of the Plaintiffs was completed on August 10, 1981, respectively. On June 27, 2013, the registration of ownership transfer in the name of the Defendant (hereinafter “registration of ownership transfer”) was completed on the ground of the sale as of June 26, 2013 as to the 1/2 (1/4 shares in the total land) out of the 1/2 shares in the Plaintiff’s name (1/2 shares in the Plaintiff’s name) and 1/2 shares in the Plaintiff’s name (1/4 shares in the total land) and the 1/2 shares in the Plaintiff’s name (1/4 shares in the total land).

[Ground of recognition] Unsatisfy, Gap evidence 1-1

2. The parties' assertion and judgment

A. 1) The Plaintiffs Emph made title trust of the instant land to the Plaintiffs and completed registration of preservation of ownership in the names of the Plaintiffs. Therefore, the said registration is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

(2) Article 8 of the Act on the Registration of Real Estate under Actual Name is null and void on the ground that the registration of transfer of a share was made on the ground of a title trust agreement between the plaintiffs and the defendant, even though the defendant did not purchase the share of the land in this case. However, the defendant would sell the land in Yong-gun G, Nam-gun, the title of which was held in trust with the plaintiffs, and completed the registration of transfer of a share in this case after forging a sales contract, power of attorney, etc. in the name of the plaintiffs using a certificate of seal impression and a certificate of seal impression. Thus, even if the defendant did not forge the above sales contract, power of attorney, etc., the above registration of transfer of share is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Name, since the above registration of transfer of share was completed on the ground of a title trust agreement between the plaintiffs and the defendant. Therefore, the defendant is obligated to implement the procedure for the registration of cancellation of the transfer of share in this case.