1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On January 3, 2007, the Defendant’s wife C (hereinafter “the deceased”) completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “the apartment of this case”) on January 3, 2007 due to the sale on March 19, 204, and had been residing in the apartment of this case with the Defendant.

On February 13, 2010, the deceased died on February 13, 201, and his husband, who is the husband, D, the plaintiff, E, F, and his wife, H, their children, I, and J, who are relatives of the deceased's children G.

On February 22, 2010, the Defendant completed the registration of ownership transfer on the ground of donation from February 8, 2010 (hereinafter “instant apartment”).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3 (including the provisional number; hereinafter the same shall apply), Eul evidence Nos. 6, and Eul evidence Nos. 1, 6, and the cause of claim as a whole of the pleadings, the registration of transfer made by an application under the name of the deceased to determine the whole purport of the pleadings is a registration invalidation, and there is no room to acknowledge the causal power of registration.

(see, i.e., Supreme Court Decision 2017Da360, 377, Dec. 22, 2017). Before the death of the deceased, the fact that the registration of transfer of ownership in the name of the defendant on the apartment of this case was completed by having the deceased registered as the person responsible for registration as the deceased is identical as seen earlier. As such, the registration of transfer of ownership in this case cannot be acknowledged as the cause invalidation, and thus, the registration of transfer of ownership in this case should be cancelled unless there

The defendant's defense regarding the defendant's defense was title trust with the deceased, and the deceased decided to donate this case's apartment to the defendant before his birth. After his death, the co-inheritors agreed to make the apartment of this case in the name of the defendant, and completed the registration of ownership transfer of this case. Thus, the ownership transfer registration of this case is valid as it conforms to the substantive relation.