A. On February 26, 2010, the Plaintiff: (a) was divided into the 774 square meters in the Doo-si, Kimhae-si (hereinafter “real estate prior to the partition”); and (b) the same lot number of real estate was 698 square meters in the same lot number (hereinafter “real estate after the division”); (c) on September 26, 1975, the registration of ownership transfer was completed on the real estate prior to the division under the name of MadD (hereinafter “the network”); and (d) on January 2, 2001, the registration of ownership transfer was completed on December 29, 2000 under the Plaintiff’s name.

B. On December 2, 2005, E filed a lawsuit against the Plaintiff to seek implementation of the procedure for the registration of ownership transfer, which was based on an agreement on February 18, 2001, with respect to the real estate before subdivision, and as a preliminary lawsuit, to seek implementation of the procedure for the registration of ownership transfer, which was completed in the name of the Plaintiff on behalf of the Deceased (this Court Order 2005No124603).

There is a claim other than the claim concerning the real estate before subdivision, but it is omitted because it is not related to this case.

With respect to the main claim on August 17, 2007, the court dismissed the agreement between E and the plaintiff on February 18, 2001 on the ground that it was null and void as a title trust agreement under the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). As to the conjunctive claim, E and the deceased entered into a sales contract on October 16, 200 with respect to real estate before subdivision, and the ownership transfer registration under the Plaintiff’s name becomes null and void in accordance with the provisions of the Real Estate Real Name Act. Thus, the Plaintiff, a title trustee, who is the title trustee, rendered a judgment in favor of E to perform the procedure for the registration of cancellation of ownership transfer on real estate before subdivision, and only the Plaintiff appealed with respect to the conjunctive claim.

C. The appellate court (Seoul High Court 2007Na15769) recognized on December 29, 200 that the E and the Plaintiff were liable for half of the purchase price while purchasing the real estate before subdivision from the deceased for three million won.