1. The part against the defendant in the judgment of the first instance, including the preliminary claim added at the trial, is as follows.

1. Basic facts

A. As to the land of this case owned by C, June 7, 1983

1. The registration of ownership transfer under the name of the Defendant (hereinafter “the registration of ownership transfer”) was completed due to the sale, and on March 21, 1994, the registration of ownership transfer under the name of the Defendant (hereinafter “registration of ownership transfer”) was completed.

B. The defendant is the 4 South and North boys of the plaintiff and D (the defendant, E, F, G, H, I, and J) (the defendant, E, F, G, H, I, and J on May 14, 1978).

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 5, and Eul No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. As to the instant land, the Plaintiff purchased the instant land from C on June 1, 1983, and entrusted the title of the registration thereof to the Defendant. Therefore, the ownership transfer registration of this case is null and void as a registration under a three-party registered title trust. Since the instant land is still owned C, the Plaintiff may file a claim for the registration of ownership transfer on the instant land due to a sales contract with C, the seller, and may file a claim for the cancellation of the ownership transfer registration of this case, which is null and void against the Defendant in subrogation of C in order to preserve the right to claim for ownership transfer registration (main claim). (2) Even if the ownership transfer registration of this case is a registration under the so-called contract title trust agreement, and even if C, a seller, was unaware of the existence of a title trust agreement, and thus, the ownership transfer registration of this case is valid, the Defendant, the title truster, is liable

(Preliminary Claim). (b)

With respect to the building of this case, the Plaintiff removed the tree on the ground of this case and the coagumary sap sap (hereinafter “existing house”) around 1993, and newly constructed the building of this case, and completed the registration of ownership preservation in the name of the Defendant.

The registration of ownership preservation in this case is the original defendant.