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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
2...
Reasons
1. Basic facts
A. The relationship between the parties 1) the deceased F, the defendant C, the plaintiff and G are children of the deceased H and the deceased, and the defendant B is the husband of the defendant C. 2) The deceased on January 11, 1981 with no child after marriage with the J. The J reported marriage with the K on December 31, 1981.
B. 1) The J shall register the transfer of ownership in Eunpyeong-gu Seoul Metropolitan Government 242 square meters (hereinafter “1 real estate”).
A) On November 9, 1979, the registration of ownership transfer was completed with respect to the registration, and on October 17, 1984, the registration of ownership transfer was completed with Defendant C on October 17, 1984. 2) On April 27, 1966, the network I completed the registration of ownership transfer on April 27, 1966 with respect to E-type 185 square meters (hereinafter “second real estate”).
On December 30, 1989, Defendant C completed the registration of ownership transfer based on the inheritance by consultation and division on January 28, 1986 with respect to the above real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 13, and 17, the purport of the whole pleadings
2. The parties’ assertion
A. The Plaintiff’s assertion 1) The claim against Defendant B purchased the real estate No. 1 and the title trust was made to J. However, when Defendant B died of her woman F, and the J re-trusted, Defendant C’s husband, a female, made a title trust again against Defendant B. As such, the registration of the transfer of ownership in Defendant B’s name is null and void as a registration based on the title trust. As such, Defendant B is obligated to implement the registration procedure for the transfer of ownership based on the restoration of real name with respect to 1/3 of the above land, which is the heir of the deceased H, as the Plaintiff, the heir of the deceased H, and the Plaintiff did not have agreed on the division of inherited property with respect to Defendant C and 2.
Therefore, since the ownership transfer registration in the name of Defendant C is invalid due to the invalidation of the cause, Defendant C is obligated to implement the procedure for ownership transfer registration for one-third share of the land above to the Plaintiff for the restoration of real name.
B. Defendant B’s assertion No. 1.