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1. Of the instant lawsuit, the lawsuit against the Defendant B shall be dismissed.
2. The plaintiff's claim against the defendant C is all dismissed.
Reasons
1. Basic facts
A. The deceased D (the deceased on February 21, 2012, hereinafter “the deceased”) was punished by the Plaintiff, and the Plaintiff and Defendant C were de facto marriage from around 2002, and completed the marriage report around May 2007.
B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned by the Deceased. Defendant C completed the registration of ownership transfer on February 13, 2006 for each real estate of this case on February 8, 2006.
C. Defendant C filed a lawsuit against the Plaintiff on divorce, etc. under the Youngju District Court’s Youngdong Branch 2015Ddan1598, and the Plaintiff filed a counterclaim against the Defendant C, such as divorce and consolation money, with the said court 2015Ddan1666.
On January 2, 2017, the above court rendered a ruling of recommending reconciliation with the following contents and confirmed as it is.
1. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are divorced.
3. The settlement of property division, etc. following the divorce of the instant case reflects all the property possessed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) as it is, at the time of the instant lawsuit and up to now, and is not affected by the outcome of the lawsuit, complaint, etc. related to the land, etc., other than the land, etc., and E.,
Defendant B completed the registration of ownership transfer on May 21, 2015 with respect to each of the instant real estate on May 21, 2015.
E. Around April 2018, the deceased’s heir, the Plaintiff, F, G, H, and I consulted that each of the instant real estate should be owned by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, 11, Eul evidence No. 2 (including provisional number), the purport of the whole pleadings
2. The plaintiff's assertion
A. The deceased, the primary claimant, was in title trust with the Defendant C, and the Defendant C, in collusion with the Defendant B, concluded a sales contract on each of the instant real estate in order to prevent the exercise of the Plaintiff’s ownership on each of the instant real estate, and concluded it with the Defendant B.