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1. Of the instant lawsuit, the Plaintiff’s lawsuit against Defendant C and D regarding the claim is dismissed.
2. The plaintiff against the defendant B.
Reasons
1. Basic facts: (a) between E and Defendant B’s agent on February 27, 2008, the Plaintiff drafted a real estate sales contract (hereinafter “instant sales contract”) with the purport that the Plaintiff would purchase the real estate listed in the attached list (hereinafter “instant land”) owned by the Plaintiff from Defendant B and KRW 724m2, H 575m2 (hereinafter “B money”) for KRW 70,400,000 for a price; (b) thereafter, the ownership transfer registration for the remaining land was completed on April 10, 2008 on the following grounds; (c) the ownership transfer registration for the instant land was made on April 10, 2008 on the land, and there was no dispute between the parties’ claim and the ownership transfer registration for the instant land on April 30, 2008; or (d) the ownership transfer registration for the instant land was made on April 28, 2008, and there was no dispute between the parties’ claim and the title transfer registration for the instant land.
2. The plaintiff's assertion
A. Although the purchaser of the instant land is the Plaintiff, the completion of each transfer registration of ownership stated in the purport of the claim in Defendant C and D, which is not the Plaintiff, is caused by the act of breach of trust of the Plaintiff’s agent. The registration of each transfer registration stated in the purport of the claim in Defendant C and D is the registration that is invalid as a registration under the title trust agreement of Defendant C
B. Therefore, Defendant B, the seller, can recover the ownership of the instant land and seek cancellation of each ownership transfer registration stated in the purport of the claim against Defendant C and D, the title trustee, as a claim for removal of interference based on ownership. Meanwhile, since the sales contract between the Plaintiff and the seller, the buyer, is valid, the Plaintiff may file a claim for registration of ownership transfer based on the above sales contract against the Defendant B, and to preserve the right to claim the registration of ownership transfer.