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1. The Defendants are registered with the Daegu District Court on May 3, 201 with respect to the Plaintiff’s Daegu Suwon-gu District Court C forest land No. 23,931 square meters.
Reasons
1. Facts of recognition;
A. On May 3, 2011, the Plaintiff agreed to title trust with D forest land C 23,931 square meters owned by it (hereinafter “instant real estate”). On April 18, 201, the Daegu District Court’s receipt of registration No. 21896, the Daegu District Court issued D a registration of ownership transfer (hereinafter “instant registration of ownership transfer”) on the ground of sale.
B. After the transfer registration of ownership was made to D, on August 23, 2011, on the application of Defendant B for provisional seizure, the registration of provisional seizure of KRW 27,64,100 was made with respect to the instant real estate as the claim amounting to KRW 41084 by the Daegu District Court’s receipt of the registration office, and on March 15, 2012, the Defendant Republic of Korea registered seizure as the receipt of the above registration office under Article 12062.
C. On October 27, 2016, the Plaintiff filed a lawsuit seeking cancellation (Tgu District Court 2016Kadan117152) against E and F, the heir of D, and thus, the registration of transfer of ownership in the instant case was null and void due to the title trust. The judgment became final and conclusive on November 11, 2016.
[Ground] Facts without dispute, entry of Gap 1 through 5 (including provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, since the transfer registration of ownership in the name of this case in the name of D concerning the instant real estate is null and void due to the title trust registration, it shall be cancelled. The Defendants, who seized the instant real estate on the premise that it is owned D, have the duty to express their consent on the registration of cancellation.
3. According to the conclusion, the plaintiff's claim is accepted on the grounds of the whole reasoning.