1. Of the judgment of the court of first instance, the part against the defendant regarding real estate stated in paragraph (2) of the attached list shall be revoked.

1. Basic facts

A. The plaintiff is the husband of L, and the defendant is the husband of L.

B. As to the real estate listed in paragraph (1) of the attached Table No. 1 in which ownership transfer was registered in M’s name (hereinafter “the real estate No. 1 of this case”), the name registry office of Suwon District Court was received on June 18, 1981, and as to the real estate listed in paragraph (2) of the attached Table No. 2 of the same registry (hereinafter “the real estate No. 2 of this case”), the ownership transfer registration was completed in each of the Defendant under the title No. 56830 of the same registry office as of September 9, 1981.

(hereinafter referred to as “each of the instant real estates” is referred to as “each of the instant real estates” when real estate No. 1 and the instant real estate No. 2 are referred to.

M died on May 3, 2016, N on April 26, 2002.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 8 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Summary of the plaintiff's ground of claim

A. The Plaintiff purchased each of the instant real estate from M and N, and concluded a title trust agreement with the Defendant and completed the registration of ownership transfer with respect to each of the instant real estate in the Defendant’s name. The ownership transfer registration completed under the Defendant’s name with respect to each of the instant real estate is based on the so-called three-party registered title trust (hereinafter “three-party registered title trust”), and is “the Act on the Registration of Real Estate under Actual Titleholder’s Name.”

Each of the instant real property was returned to the buyer as owned by the seller, which became null and void due to the enforcement of the Act.

B. Accordingly, the seller may seek cancellation of the above ownership transfer registration that is null and void to the Defendant, who is the title trustee. The Plaintiff still holds the right to claim ownership transfer registration against the seller of each of the instant real estate as the party to the sales contract.