1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On December 26, 1996, the Plaintiff completed the marriage report with the deceased C (hereinafter “the deceased”).

B. On October 7, 1999, the Plaintiff and the Deceased completed the registration of ownership transfer based on sale on September 15, 1999 with respect to each of 1/2 shares among the real estate listed in the separate sheet (hereinafter “the apartment of this case”).

C. On May 13, 2014, the Defendant completed the ownership transfer registration in the name of the Defendant (hereinafter “instant ownership transfer registration”) on May 13, 2014, as the receipt of No. 49116, Ulsan District Court Decision 4916, May 13, 2014.

The Deceased died on June 12, 2015, and his heir is the Plaintiff.

E. At present, the Defendant holds a sales contract, a receipt, and a certificate of registration rights concerning the instant shares.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 1, the purport of the whole pleadings

2. Since the transfer registration of ownership in this case, which is the cause of the Plaintiff’s claim, is null and void due to the following reasons, the Defendant is liable to implement the procedure for registration of cancellation of ownership transfer in this case to the Plaintiff

The ownership transfer registration of this case was based on a title trust agreement between the deceased and the defendant, and the title trust agreement is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, the registration of ownership transfer of this case

(Chapter 1). (b)

Even if the transfer registration of ownership of the instant case was not based on the title trust agreement between the deceased and the Defendant, the transfer registration of ownership of the instant case was to take effect on the condition that the deceased resided in the H’s house, and that the obligation to pay monthly rent would occur under the suspension condition. As such, the transfer registration of ownership of the instant case is null and void since the deceased’s death makes it impossible to achieve

(No. 2) 3. The plaintiff's cause of action.