1. The plaintiff's action against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Basic Facts

A. On March 3, 1997, Defendant C’s son and Plaintiff’s son F, respectively, completed the registration of ownership transfer on each one-half portion of each of the instant real estate on February 27, 1997.

B. On December 28, 2015, Defendant clan completed the registration of ownership transfer on the ground of sale on December 19, 2015 with respect to each of the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including the family number; hereinafter the same shall apply), and the purport of the whole argument as to the plaintiff's main purport as to the defendant, the plaintiff is the owner of 1/2 shares among each of the real estate of this case. The defendant clan entered into a sales contract between the defendant clan and the plaintiff on December 19, 2015 for each of the real estate of this case (hereinafter "the sales contract of this case").

(2) However, the Plaintiff did not enter into the instant sales contract with the Defendant clan on the grounds of the completion of the registration of ownership transfer. However, even if the instant sales contract was concluded, the Plaintiff was in the state of business capacity as of December 19, 2015, which was the date of the instant sales contract, and thus, the instant sales contract is null and void.

Therefore, Defendant clan is obligated to implement the procedure for cancellation of ownership transfer registration with respect to shares of 1/2 of each of the instant real estate to the Plaintiff.

3. If the sales contract of this case was effective, the plaintiff did not have received the purchase price, and the defendant clan is obligated to pay the plaintiff 31,000,000 won and delay damages.

As seen earlier, the sales contract of this case against the conjunctive defendant is nonexistent or invalidated, and if the defendant clan is not a party with no capacity, the defendant C, who actually performed the registration of ownership transfer, has the obligation to implement the registration procedure for cancellation of ownership transfer with respect to each of the 1/2 shares of each of the real estate of this case to the plaintiff.

Judgment

(1)in the vicinity of the State;