1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 16, 201, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was awarded by the Plaintiff at his own discretion auction and completed the registration of ownership transfer on January 17, 2004.

B. Of each of the instant real property, D’s 3/4 shares were transferred on April 15, 2005 to the Plaintiff, the Defendant, and C respectively on May 6, 2005 on the ground of sale and purchase. Of them, C’s 3/12 shares (hereinafter “instant shares”) were transferred on December 20, 206 under the name of the Defendant (hereinafter “instant transfer registration”) on the ground of the receipt on December 20, 2006 by the Ulsan District Court No. 98381, Dec. 18, 2006 on December 20, 2006, the share transfer registration was completed in the name of the Plaintiff (1/43/12) and the Defendant (3/123/12) and 1/2 shares.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence, and the purport of whole pleadings.

2. Summary of the parties' arguments;

A. On December 18, 2006, the Plaintiff agreed to own each of the instant real estate as 5/8 shares (1/43/123/24), and 3/8 shares (3/24), and 3/24 shares (3/123/24), by dividing the instant shares (3/12 shares) owned by Defendant and C into 1/2.

However, unlike the above agreement, the transfer registration of the share in this case was completed to the defendant.

Therefore, the registration of transfer of shares in this case with respect to 3/24 shares in each of the shares in this case, which are 1/2 of the shares in this case, shall be cancelled by the registration of invalidity of cause, and C shall be liable to the Plaintiff to implement the registration procedure of transfer of ownership due to sale on December 18, 206 in accordance with the above agreement.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the transfer registration of shares in this case to C subrogated by the plaintiff.

B. On December 18, 2006, the Plaintiff and the Defendant transferred all of the instant shares owned by C from the Defendant on December 18, 2006, and the Plaintiff and the Defendant transferred each of the instant real estate to the Defendant.