According to the above facts of recognition, the defendant is obligated to deliver each of the real estate of this case to the plaintiff, except in special circumstances.

At the time of the purchase of each of the instant real estate by the Plaintiff, the Defendant paid KRW 50 million out of the purchase price of KRW 110 million.

As a result, the contract title trust relationship between the Plaintiff and the Defendant was established with respect to the share of 5/11 of each of the instant real estate, so the Plaintiff cannot seek delivery of each of the instant real estate to the Defendant.

Judgment

According to the purport of Eul evidence No. 1 and the whole pleadings, it is recognized that at the time of the Plaintiff’s purchase of each of the instant real estate on June 27, 2009, the Defendant borne KRW 50 million out of the purchase price of KRW 110 million.

However, according to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a title truster and a title trustee entered into a contract title trust agreement, and the title trustee entered into a contract with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the relevant real estate in accordance with the contract, the title trustee acquires the full ownership of the relevant real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee. However, the title trustee

However, the contract title trust agreement is enforced by the Real Estate Real Name Act.