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1. Defendant B concluded on April 9, 2018 with respect to the Plaintiff’s share of 1/3 of each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On October 31, 2003, with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by F, the registration of ownership transfer for each one-third share in the name of the Plaintiff and Defendant B and Dong G (Death on June 9, 2015) who is each of them, was completed on September 27, 2003.
B. On August 10, 2017, the deceased’s share in each of the instant real estate was registered in the name of the Defendant C, which was his child, and the registration of inheritance was made on the same day in the name of Defendant E on the same day.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings
2. The parties' assertion and the plaintiff's decision on this issue were that they purchased each of the real estate in the name of the defendant B and the deceased, and they purchased each of the real estate in the name of 1/3. As such, the defendant B and the deceased were obligated to implement the procedure for the transfer of ownership based on an agreement to serve the delivery date of a copy of the complaint of this case seeking the return of this case pursuant to the title trust agreement, and the defendant C sold their shares to the defendant E without authority, so the registration of transfer of ownership in the name of the defendant E should be invalidated. Accordingly, the defendant C and E did not have nominal title trust with the plaintiff, so they cannot accept the plaintiff's request.
The Plaintiff did not dispute the Plaintiff’s assertion. As such, Defendant B is obligated to implement the procedure for ownership transfer registration on April 9, 2018, which was the date of delivery of a copy of the complaint of this case as to the shares of 1/3 of each real estate of this case, to the Plaintiff.
However, as for Defendant C and E, it is difficult to believe that the Plaintiff trusted the above real estate shares to the deceased, and that each entry of Defendant C and E, which seems consistent with the above, is difficult to believe, and that it is otherwise acceptable.