1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

가. 원고는 피고 B의 자형(兄)이고, 피고 C은 피고 B의 처(妻)이다.

B. On October 21, 1996, the sales contract (hereinafter “the sales contract of this case”) signed on October 21, 1996 with the seller’s Defendant D, the buyer, Defendant B, and the sales price of KRW 17.5 million, and accordingly, the transfer registration of ownership in the name of Defendant B (hereinafter “the transfer registration of ownership in this case”) was completed on October 24, 1996 by the Jeonju District Court Ysan District Office No. 42548, Oct. 24, 1996.

C. Meanwhile, Defendant B completed the ownership transfer registration on October 6, 2015, which was received on October 6, 2015 by the same registry office, with respect to the instant land, to Defendant C on October 6, 2015 (hereinafter “instant second ownership transfer registration”).

[Reasons for Recognition] Facts without partial dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion F purchased the instant land from Defendant D around 1995, but did not complete the registration of ownership transfer in its future.

On October 12, 1996, F borrowed KRW 50 million from the Plaintiff. On October 21, 1996, F agreed to borrow KRW 200 million between the Plaintiff and the Plaintiff on October 21 of the same year, instead of repaying the obligation to repay the borrowed amount of KRW 250 million, F transferred the ownership of the instant land to the Plaintiff.

Accordingly, the Plaintiff paid F the Plaintiff KRW 10 million on October 22, 1996, and KRW 100 million on October 24, 1996, respectively, and completed the instant land transfer registration under the name of the Defendant B in accordance with the agreement between Defendant B and the Plaintiff, F, and Defendant D.

Ultimately, since the Plaintiff registered the title of the instant land to Defendant B, the registration of title transfer in this case is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the registration of title transfer in this case based on the above registration is also effective.