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1. To dismiss the instant lawsuit that has been changed in exchange at the trial;
2. The costs of the lawsuit shall be all determined by the first and second instances.
Reasons
1. As to each real estate indicated in the indication of each real estate attached to the facts of the foundation (hereinafter “each of the instant real estate”), the following registration has been completed:
On December 4, 2014, registration of preservation of ownership in E’s name
(b) Registration of transfer of ownership under the name of the Defendant on March 25, 2015 - causes for sale as of February 10, 2015
C. On May 7, 2015, the provisional registration of the right to claim a transfer of ownership in the Plaintiff and F’s name (with respect to shares 1/2, respectively) - the cause of trade reservation [based on recognition] on May 6, 2015, the fact that there is no dispute, the entry in Gap evidence 1-1 through 4, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion entered into a contract for the purchase of each of the instant real estate from E with C represented by E. Meanwhile, through C, the Defendant and the Defendant entered into a title trust agreement with the title trustee on each of the instant real estate, and the ownership transfer registration under the said sales contract was completed in the future from E.
Therefore, the registration of ownership transfer on each of the instant real estate in the name of the defendant is invalid according to a third party title trust agreement. The plaintiff who has the right to claim ownership transfer registration against E in subrogation of E is seeking to cancel the registration of ownership transfer on each of the instant real estate in the name of the defendant.
B. Whether the plaintiff has the right to claim ownership transfer registration against E (1) The plaintiff filed the lawsuit in this case on the premise that the plaintiff has the right to claim ownership transfer registration against E, and this is examined.
(2) According to the descriptions of Gap evidence 2-1, 2, 3, Gap evidence 3, 5, and Gap evidence 7-1, 7-2, the following facts can be acknowledged:
① After completing registration of preservation of ownership of each of the instant real estate, E requested C to sell each of the instant real estate and delegated C with the authority to sell each of the instant real estate.
② C is paid KRW 100 million from the Plaintiff on January 30, 2015.