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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The deceased F (hereinafter “the deceased”) died on August 4, 2003.
B. On August 27, 2003, the Plaintiffs, the Defendants, H, and I, who are the wife of the Deceased, concluded an agreement on the division of inherited property with the content that each of the real estate listed in the separate sheet owned by the Deceased (hereinafter “each of the instant real estate”, and the real estate listed in the specific sequences in the separate sheet owned by the Deceased, and that each of the instant real estate together with each of the instant real estate shall own 1,362 square meters (hereinafter “J land”), and that each of the instant real estate shall own the Defendants’ ownership transfer registration in the name of the Defendants (share 1/2 shares) with respect to the instant inherited real estate on August 27, 2003.
C. On January 14, 201, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate and the instant real estate and the three real estate and the two above-ground buildings was completed on January 14, 201, with respect to the maximum debt amount of KRW 65,000,000,000, and the debtor E and the mortgagee K Association
J With respect to land, on July 17, 2014, the registration of transfer of ownership in the name of "state" was completed due to the acquisition of public land through consultation.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including additional number), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. 1) The Plaintiffs’ assertion 1) The Plaintiffs’ claim for ownership transfer registration based on the restoration of real name and the co-inheritors of the deceased, including the Defendants, on or around August 2003, the agreement stipulating that the instant inherited real estate will be held in title trust under the joint name of the Defendants (hereinafter “instant title trust agreement”).
B. Accordingly, the registration of ownership transfer in the name of the Defendants was completed with respect to the inherited real estate in this case.
However, the instant title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and any change in real rights thereby becomes null and void pursuant to the main sentence of Article 4(2).
Therefore, Defendant D and each of the instant cases.