A. The network C has registered the ownership transfer of each land listed in the separate sheet of real estate (hereinafter referred to as "land 1" and "land 2" listed in paragraph (1) of the attached sheet of real estate in the attached sheet of attached Table No. 1, and the land listed in paragraph (2) of the same list as "land 2", collectively, to D and E. As for land 1 October 23, 201, the network C completed the registration of ownership transfer in the name of D and for land 2 in the name of E.

B. As to each of the instant lands, the registration of ownership transfer was completed in the name of the Defendant on October 20, 2010 on the grounds of sale as of October 19, 2010.

C. The deceased C died on June 23, 2015, and the deceased’s property was jointly inherited by F, South and North Korea, the husband of the property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. According to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), a title trust agreement and any change in real rights in real estate arising from the registration made pursuant thereto are null and void (Article 1 and 2). However, the invalidation thereof cannot be asserted against a third party (Article 3). The third party referred to in this context refers to a person who has a new interest with him/her on the basis of the title trustee as a real right holder. On the contrary, a title trustee entered into a contract for the acquisition of real rights in real estate with him/her, and a person who has the same appearance as a title trustee entered into only a contract for the acquisition of real rights in real estate with the title truster and the title trustee does not constitute a third party under the above legal provision. Thus, even if such person asserts that the registration is valid in accordance with the substantive relations, it cannot be asserted that his/her registration made based on the invalid title trust

Supreme Court Decision 2007No. 27.12