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The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. The deceased F (hereinafter “the deceased”) is the mother of the Plaintiffs and the Defendant, and the Defendant is the son of the Deceased as the Plaintiff’s punishment or omission.
The defendant is the birth of 1950s.
B. Around May 15, 1973, the Defendant completed the registration of transfer of ownership on the ground of sale on May 1, 1973 with respect to the one-story G, 226.1 square meters, and the one-story housing, the slub roof, the slub roof, and the one-story housing, the 118.32 square meters under the ground (hereinafter “each of the instant real estate”).
C. The defendant served as a defense soldier from May 18, 1974 to August 4, 1975.
The Deceased died on June 23, 2006.
E. On March 5, 2019, the Defendant sold to I each of the instant real estate in KRW 850,000,000, and completed the registration of ownership transfer based on the said sale on July 1, 2019.
[Ground of recognition] A without dispute; Gap evidence Nos. 1, 3, and 8 (including branch numbers; hereinafter the same shall apply); Eul evidence Nos. 1; the inquiry result of the Incheon Military Manpower Branch Office of this Court; the result of the inquiry of the fact into the Incheon Military Manpower Branch Office of this Court; the result of the order of this Court to submit tax information to the Busan District Court;
2. Determination as to the plaintiffs' claims
A. On May 15, 1973, the Deceased, a cause of the claim, purchased each of the instant real estate, and entrusted the title of ownership on the registry to the Defendant.
(hereinafter “instant title trust agreement”). The Plaintiffs, who are the deceased’s children, inherited the status of the truster pursuant to the instant title trust agreement in proportion to each of the 1/7 shares, respectively.
Since the instant title trust agreement is a three-party registered title trust, the registration of transfer of ownership under the name of the Defendant, the title trustee, is null and void. The Defendant is obligated to implement the procedure for registration of cancellation of transfer of ownership to the seller, and the deceased or his heir, who is the title truster,
However, the defendant has the grace period under the Act on the Registration of Real Estate under Actual Titleholder's Name.