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1.The judgment of the first instance court, including a claim selected in the trial, shall be modified as follows:
Reasons
1. Facts of recognition;
A. E completed the registration of initial ownership or the registration of ownership transfer with respect to the instant real estate on or around December 1977.
B. On May 21, 1985, as to the instant real estate, the registration of ownership transfer was completed in the name of the father Heed F of the Defendant B and C (hereinafter “the deceased”) under the name of the Sung-gu District Court Branch Branch of Seo-gu District Court No. 8298 (hereinafter “the deceased”).
C. After the Deceased died of a traffic accident around July 1991, the Defendant B and C completed the ownership transfer registration for each of the instant real estates on July 12, 2006 due to the inheritance due to the agreement division as of July 16, 1991 (hereinafter “each of the instant registrations”). Defendant D completed the provisional registration for the co-owner’s share transfer registration for each of the instant real estates as of July 12, 2006 (hereinafter “each of the instant provisional registrations”). Defendant D completed the provisional registration for the co-owner’s share transfer registration for each of the instant real estates as of July 12, 2006, respectively.
E has completed the provisional registration on September 26, 2006, with regard to each of the instant shares in the name of Defendant B and C as the preserved right by having “right to claim for ownership transfer registration on the ground of unjust enrichment” from the Incheon District Court (2006Kadan14988) as the preserved right, upon receipt of a provisional disposition order prohibiting real estate disposal as to each of the instant shares in the name of Defendant B and C, and completed the provisional registration on November 28, 2006.
3. The registration of each provisional disposition shall be completed.
E. Meanwhile, on January 14, 2002, the Plaintiff lent KRW 100,000,000 to E at an annual interest rate of 7.9% per annum, and on January 14, 2009, E did not exercise any particular right to each of the instant real estate in the current insolvent condition.
[Ground of recognition] Unsatisfy, A No. 1.