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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 10, 1975, the Plaintiff’s assertion Qmp 23 years of age R R (hereinafter “instant clan”) purchased forest land of 5369m2 (hereinafter “instant land”) in Ansan-si on November 10, 1975. On December 18, 1975, the Plaintiff registered title trust as one-fourths in the name of theO, S, T, and U.
The clan of this case set the title trust registration to the Plaintiff with respect to the 1/5 shares of the land of this case, and the O, S, T, and U agreed that one-fifth of their own shares shall be the registration cycle for the transfer of the Plaintiff.
Therefore, O, S, T, and U are obligated to implement the procedures for ownership transfer registration due to the termination of title trust with respect to one-fifths of shares out of one-fourths of the instant land, or to implement the procedures for ownership transfer registration due to the agreement.
However, on October 11, 201, the O entered into a sales contract with Defendant B on the one-fourth shares in the instant land. Since the said sales contract is null and void as Defendant B actively participated in the act of breach of trust of the O, the title trustee. As such, Defendant B is obligated to perform the procedures for registration of cancellation of ownership transfer with respect to the one-fifth shares in the instant land. Defendant J, K, M, N, and L, the heir ofO, are obligated to implement the procedures for registration of cancellation of ownership transfer with respect to the one-fifth shares in the instant land, among the one-fourth shares in the instant land, according to the respective inheritance shares of the said Defendants, with respect to the one-fifth shares in the instant land.
On January 23, 1998, the 1/4 shares of the instant land registered under the name of S were transferred to Defendant C on the ground of inheritance by consultation and division on January 23, 1998, and Defendant C sold shares of the instant land to Defendant B on October 18, 201, and the said sales contract is null and void since Defendant B actively participated in the act of breach of trust committed by the trustee of title.