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1. Each part of the plaintiff's lawsuit against the defendant C and the claim against the defendant B for cancellation of each ownership transfer registration.
Reasons
1. Basic facts
A. The real estate Nos. 1 and 2 of this case was owned by Defendant D, and Defendant D completed each of the registration of ownership transfer in the name of Defendant C (hereinafter “each of the registration of ownership transfer in each of the instant case”) on June 30, 1993 as the receipt of No. 6751 on June 30, 1993, such as Changwon District Court Daon Branch Branch Office, with respect to the above real estate Nos. 1 and 2.
B. After that, Defendant C completed the registration of ownership transfer on April 14, 2008 with the receipt number No. 7749 (hereinafter “instant No. 2”) with respect to the instant real estate No. 1, Defendant C, and the receipt number No. 7749 on April 14, 2008. As to the instant real estate No. 2, the registration of ownership transfer was completed on November 30, 1995 with the receipt number No. 27925 on November 30, 195 (hereinafter “instant third ownership transfer”).
【Defendant B, C: A without dispute, entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination
A. The summary of the Plaintiff’s assertion (1) was that the Plaintiff purchased real estate Nos. 1 and 2 from Defendant D on June 17, 1993, and entrusted the registration title to Defendant C, but the above title trust was terminated by the delivery of a copy of the complaint of this case. As such, Defendant C is obligated to cancel the above title trust. Defendant B, the title holder of each of the instant Nos. 2 and 3, based on the above title transfer registration, is also obligated to cancel the registration of ownership transfer under the above No. 2 and 3. Defendant D is obligated to implement the registration procedure of ownership transfer for the Plaintiff, the actual purchaser of the instant real estate No. 1 and 2 on June 17, 1993.
(2) In addition, the Plaintiff newly built a prefabricated-type housing (hereinafter “instant housing”) on the ground of the instant real estate No. 2 with approximately KRW 43 million, and Defendant B arbitrarily removed the said housing around 2011, and Defendant B removed the said housing.