1. The plaintiff's claim against the defendants is dismissed.

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

1. Basic facts

A. The Plaintiff registered the title of the land indicated in the purport of the claim (hereinafter “instant land”) to E, F, G, and H as a final cause. The above closing members completed the registration of ownership transfer on December 19, 1970 with respect to each of 1/4 shares of the instant land.

B. On June 11, 1982, E died, Defendant B completed the registration of ownership transfer on September 21, 2005, on the ground of inheritance by consultation and division with respect to the 1/24 shares, part of the shares in the instant land (hereinafter “instant shares”).

Defendant C, as Defendant B’s children, completed the registration of ownership transfer on March 19, 2010 due to the gift dated March 11, 2010 on the instant shares, as stated in the purport of the claim.

[Ground of recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The Plaintiff’s assertion terminates the title trust agreement with respect to the instant shares by serving a written brief dated February 3, 2015, on the part of the Plaintiff’s assertion.

Therefore, Defendant B is obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to the instant shares to the Plaintiff.

Since Defendant B’s donation of the instant shares to Defendant C constitutes a tort (Embezzlement) and Defendant C actively participated in a tort committed by Defendant B, such donation is null and void.

In addition, the gift between the Defendants constitutes a false conspiracy to avoid the Plaintiff’s recovery of shares in the instant case and thus invalid.

Therefore, Defendant C is obligated to implement the procedure for cancellation registration of ownership transfer registration stated in the purport of the claim to Defendant B.

The plaintiff is a creditor who has a right to claim the transfer registration of ownership against the defendant B and is seeking the implementation of the above cancellation registration procedure to the defendant C by subrogation of the defendant B.

3. We examine whether the donation contract on the instant shares between the Defendants was made by actively participating in a tort, and is null and void as a conspiracy or false representation.

The statement of Gap 3 to 5 alone is not sufficient to recognize it.