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1.(a)
Of the real estate listed in the attached list to Defendant B, there are three-seven shares in Defendant C, and two-seven shares in Defendant D and E.
Reasons
1. Basic facts
A. On June 10, 2003 regarding the Seo-gu, Seo-gu, Gwangju (hereinafter “instant real estate”), the ownership transfer registration under the name of the deceased H (hereinafter “the deceased”) was completed as of June 24, 2003 on the grounds of the sale from Defendant B on June 10, 2003 (hereinafter “the ownership transfer registration”).
B. The Deceased died on April 28, 2017. Defendant C is the deceased’s spouse, Defendant D and E are the deceased’s children, and the Plaintiff and I are the words of the Deceased.
C. In accordance with each of the instant real property, Defendant C completed the registration of ownership transfer due to inheritance under the receipt of No. 11663 of the Gwangju District Court on July 5, 2017 with respect to the shares of 3/7, Defendant D, and 2/7, each of the instant real property.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, and 8, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) purchased the instant real estate from Defendant B and completed the registration of ownership transfer in the name of the deceased in the form of a three-party title trust. The registration of ownership transfer in the name of the deceased is null and void, and the sales contract between the Plaintiff and the Defendant B is still valid. Therefore, the Plaintiff filed a claim against Defendant B for the registration of ownership transfer based on the sales contract against the instant real estate, and sought cancellation of the registration of ownership transfer in the name of Defendant C, D, and E, which is the heir of the deceased, in subrogation of the Defendant B for the purpose of preserving the claim for the above registration of ownership transfer. 2) The Deceased borrowed KRW 70,181,462 as collateral and used the instant real estate in KRW 32,181,462 among them. The Deceased acquired profits without any legal cause. The Plaintiff suffered damages equivalent to the above money, and the Plaintiff suffered damages to the Plaintiff, which is the heir of the deceased, Defendant C, D, and the Plaintiff, according to their respective shares of inheritance, Defendant C 13, 279, 5 D and 94.