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1. The plaintiff's main claim against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant C and his claim.
Reasons
1. Basic facts
A. The plaintiff married with E on October 13, 1981 and has Defendant B as his child under the chain.
B. On October 28, 2008, on the part of Defendant B, a real estate sales contract was prepared with a content of purchasing KRW 876,00,000 from Defendant C the purchase price of KRW 3,862 square meters (hereinafter “instant land”).
C. On December 8, 2008, Defendant C completed the registration of ownership transfer for the instant land to Defendant B on the grounds of sale as of November 20 of the same year.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 11, the purport of the whole pleadings
2. The plaintiff's ground for claim
A. The Plaintiff, the primary cause of the claim, upon purchasing the instant land from Defendant C, completed the registration of ownership transfer in the name of Defendant B in accordance with the three-party registration title trust agreement. Such three-party registration title trust agreement and the ownership transfer registration in the name of Defendant B pursuant thereto are null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Since the instant land is still owned by Defendant C, the Plaintiff sought procedures for the cancellation of ownership transfer registration on the instant land by subrogation of Defendant C, who is a seller, against Defendant C, and seek implementation of the registration procedure for ownership transfer registration on the grounds of sale against Defendant C.
B. Even if the parties to the sales contract were to be Defendant B, even if they were not the Plaintiff, the Plaintiff entered into a contract title trust agreement with Defendant B, and Defendant B did not know the fact of the above title trust agreement, and thus, the registration of ownership transfer in Defendant B’s name is valid, but Defendant B, a title trustee, made unjust enrichment of the amounting to KRW 876,00,000 of the purchase fund of the instant land received from the Plaintiff without any legal cause. Thus, the above provision against Defendant B.