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The part against Defendant B among the judgment of the first instance shall be revoked.
The plaintiff's lawsuit against the defendant B shall be dismissed.
The plaintiff.
Reasons
1. On July 14, 2004, the ownership transfer registration for one-half shares in the name of K and M on the grounds of the sale on July 14, 2004 as to the land in the name of 12,312 square meters in J-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”) owned by Defendant C was completed on July 24, 2015 on the following grounds: (a) the ownership transfer registration for one-half shares in the instant land in the name of K (hereinafter “instant shares”) was completed on July 15, 2015 on the ground of the sale as of July 15, 2015; (b) on the other hand, K died on June 9, 2017; and (c) the co-defendants of the first instance trial as indicated in the attached Table 1 list (hereinafter “Co-defendants of the first instance trial”) do not exist between the parties concerned, or is recognized pursuant to the purport of the entire pleadings.
2. The Plaintiff’s assertion concluded a title trust agreement on the instant shares with K as L’s introduction, and subsequently purchased the instant shares from Defendant C and completed the registration of ownership transfer under the name of K in accordance with the above title trust agreement.
However, even if Defendant B is not the owner of the instant shares, he was transferred the registration of ownership transfer of the instant shares by making K omit by mistake or by deceiving him.
Therefore, the Plaintiff seeks the execution of the registration procedure for ownership transfer based on the sales contract for the instant shares to Defendant C.
In addition, the registration of transfer of ownership completed under the name of K as to the instant shares shall be cancelled as the registration invalidation under the invalid title trust agreement. The registration of transfer of ownership completed under the name of Defendant B shall be cancelled as the time limit for mistake or fraud. The Plaintiff shall exercise the right to cancel due to the above mistake or fraud by co-defendant G, etc., who is the heir of K, and the Plaintiff shall cancel the registration of transfer of ownership completed under the name of Defendant B in subrogation of co-defendant G, etc. of the first instance court.