투자금반환
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. The plaintiffs' total costs of litigation.
1. The fact that there is no dispute is not a dispute between the parties that the Defendant was awarded a successful bid for the attached real estate (hereinafter “instant real estate”) in the procedure of voluntary auction at the Incheon District Court G Auction and completed the registration of ownership transfer in the name of the Defendant on June 7, 2005
2. The parties' assertion
A. The plaintiffs asserted that the plaintiffs and the defendant jointly invested the purchase price in the real estate auction procedure, and they concluded a joint investment contract with the purport that they will sell the purchase price in the sole name of the defendant for convenience and distribute the profits equally (hereinafter "the investment contract of this case"). Accordingly, in the auction procedure for the real estate of this case, after receiving the decision to permit the sale in the name of the defendant, they paid the purchase price in full as KRW 35 million and the loan received KRW 5 million.
Therefore, the defendant is obligated to pay to the plaintiffs the amount of KRW 1/3 of the remaining 60 million after subtracting the loans of KRW 35 million from the market price of the real estate of this case as the settlement of accounts for investments of the plaintiffs, as the amount of KRW 95 million.5 million.
B. The defendant's assertion that the defendant did not conclude the investment contract of this case with the plaintiffs at the time of purchasing the real estate in his own name, and even if it is not so, since the investment contract of this case is in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name and is null and void, the defendant
3. Determination
A. In a case where a person who intends to purchase real estate in the real estate auction procedure obtains a permit for sale under an agreement with another person to obtain a permit for sale in his/her own name and obtain a permit for sale under another person’s name, the person who is subject to the purchaser’s status in the auction procedure is the holder of the title, and thus, the ownership of the real estate for auction purpose is acquired by the title holder regardless