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1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the purport of the argument in the evidence Nos. 1 through 3, there is no dispute between the parties to the basic facts, or comprehensively taking account of the purport of the entire pleadings, as to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as to the following real estate (hereinafter “instant real estate”). From the Korea Rural Development Corporation on April 21, 1993 to the Plaintiff on March 31, 1993, the ownership transfer registration based on the purchase and sale was completed on October 13, 2003 under the name of the Plaintiff on October 16, 2003, and the ownership transfer registration based on the sale on October 13, 2003 under the name of the Plaintiff on October 16, 2003, the Plaintiff and E are divided into two-dimensional systems with the same mother of the Plaintiff on April 3, 2015, and the Defendants with their children on June 3, 2015, are recognized.
2. The Plaintiff’s assertion was the owner of the instant real estate, but the mother, at the request of D, entrusted the ownership transfer registration in the name of E with respect to the instant real estate, with the title of the instant real estate owned. As such, the registration of ownership transfer in the name of E with respect to the instant real estate should be cancelled due to the invalidation of the cause pursuant to Article 4 of
However, in the event that E dies without cancelling the registration of transfer of ownership of the instant real estate, the Defendants, the inheritors of E, completed the registration of transfer of ownership of the instant real estate due to an inheritance by agreement division. Therefore, Defendant B, who completed the registration of transfer of ownership with respect to each real estate as indicated in the attached Form 1, 2, and Defendant C, who completed the registration of cancellation of ownership transfer with respect to each real estate as indicated in the attached Form 3
3. Determination
A. Since a person registered as an owner of real estate in the relevant legal doctrine is presumed to have acquired ownership in accordance with due process and cause, “the fact that such registration is in accordance with the title trust agreement” is deemed to read.