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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that the real estate listed in the attached list (hereinafter "the building of this case") was trusted in title to C, and the defendant knowingly received the registration of ownership transfer from C, and thus, the registration of ownership transfer in the name of the defendant is null and void.
2. Determination
A. Basic facts 1) The Defendant is the father of C, and the representative director D is the Plaintiff’s act of fraud of C. 2) The Plaintiff’s transferred E Co., Ltd. (hereinafter “the deceased”) was appointed as the representative director and the auditor, and resigned around 193. The Deceased purchased the land of this case, the building site of this case, and acquired ownership on April 29, 1983, and completed the registration of ownership preservation in the name of E Co., Ltd. on June 29, 1983 by constructing the building of this case on the ground. The building of this case is used as the office of the Plaintiff company until now.
3) Although the ownership of the above land was transferred to D et al. on March 30, 1993 under the name of D et al. and three others, the registration of ownership transfer was cancelled due to the deceased's winning of the lawsuit claiming cancellation of ownership transfer registration (at the time, the deceased was entrusted to D with the management of the above land due to the cause of the claim, but it was argued that D, without permission, had completed the registration of ownership transfer as above, to deliver the certificate of personal seal necessary for the construction of the building of the above land to D.
On January 14, 1995, the deceased’s children, including C and the Defendant, who were their spouse, succeeded to their respective inheritance shares. 4) As the E-stock company changed to the Plaintiff, registration was completed on April 22, 1994 as to the instant building on the ground of the “sale on March 28, 1994,” and the registration was completed on April 22, 1994 for the change to the name of the Plaintiff. The registration was completed on April 22, 1994 by the Seo-gu District Court Branch Branch of the Daegu District Court on the ground of the “Sale on April 22, 1994.”
5 The Defendant shall sell and purchase the instant building on November 7, 2014.