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1. Defendant B:
A. Article 2(2) of the Attached List among the buildings listed in paragraph (3) of the Attached List.
Reasons
1. Basic facts
A. From October 1, 1998, Defendant B owned the land indicated in paragraph (1) of [Attachment List] located within the land transaction permission zone (hereinafter “instant land”) and the buildings thereon. On July 7, 2005, Defendant B sold the instant land and buildings thereon to E, but E did not obtain land transaction permission.
B. On July 29, 2005, Defendant B agreed to register the title trust registration of the instant land and the buildings prior to extension of the land (hereinafter “instant title trust agreement”) among Defendant C, who is the form of Defendant B and Defendant B, and completed the registration of ownership transfer for the instant land and the said buildings based on the donation on the same day under the name of Defendant C.
C. Meanwhile, around 2006, the above building was extended or newly constructed as stated in Paragraph (3) of the [Attachment List] (hereinafter “the building of this case”). Defendant C decided to terminate part of the title trust agreement with E with respect to the share of 530.71/536.08 of the building of this case, and completed the registration of ownership transfer on March 5, 2007 to E for sale and purchase on March 5, 2007.
E has completed the registration of ownership transfer made on August 28, 2008 with respect to the shares (530.71/536) in his name among the instant building to Defendant D.
E. Meanwhile, on the other hand, on January 9, 2005 with respect to the instant land and the building prior to the extension of the ground, the voluntary auction commencement procedure had been commenced to the Suwon District Court was cancelled on December 11, 2009 due to the decision of revocation on July 28, 2009. As to the instant building, the registration of the decision of voluntary commencement of auction was cancelled on the same day as the Plaintiff’s transfer registration was completed on the same day on the grounds of sale due to voluntary auction on February 22, 2010.
F. Defendant B: (a) on August 17, 2009, filed a claim against Defendant C and E for the cancellation of the registration of ownership transfer in the name of C and the registration of ownership transfer in the name of E.