1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The grounds for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was that there was an agreement on the division of inherited property among the inheritors that each of the instant real estate should be owned by the Plaintiff’s sole, and the Plaintiff was entrusted with the registration of ownership transfer. The Defendant, after completing the registration of ownership transfer in the future of the Plaintiff, completed each of the instant claims for transfer of ownership in the name of the Defendant without permission on the ground that the Defendant

Therefore, the defendant is obligated to cancel the above provisional registration to the plaintiff.

B. The gist of the Defendant’s assertion was as follows: (a) in order to raise funds for purchase of land of 668 square meters in Daegu-gun, Daegu-gun, a neighboring land in front of a house where the Plaintiff and a mother-friendly D were living, there was an agreement between the inheritors to make a registration of inheritance in the name of the Plaintiff, and then obtain a loan in the name of the Plaintiff; (b) to prevent the Plaintiff from disposing of the land without permission

Plaintiff

In addition, it was actively involved in the completion of each provisional registration of this case in the name of the defendant, such as obtaining a certificate of personal seal impression directly with the above facts.

In other words, the evidence No. 2 (Agreement on Division of Inherited Property) is merely prepared formally to register inheritance under the name of the plaintiff according to the above agreement, and there is no specific agreement among the inheritors on the division of inherited property.

Therefore, there was an agreement among inheritors that each of the instant real estate should be owned by the plaintiff, and the plaintiff's claim of this case under the premise that the defendant made a provisional registration without permission in violation of the above agreement is without merit.

B. There is a provisional registration to preserve the right to claim ownership transfer registration under the relevant legal doctrine.