양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment', and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
(However, the distinction between whether the additional judgment title trust agreement is a registered title trust between a third party or a contract title trust is determined by the parties to the contract. In a case where a real estate is purchased through another party and the purchaser was decided in the name of the third party, in special circumstances, such as where a contract was concluded with the intent to directly transfer the legal effect under the contract to the title truster rather than the title trustee, the title trust relationship should be deemed as a registered title trust between the third parties.
(see, e.g., Supreme Court Decision 2012Du28414, Jul. 11, 2017). With respect to the instant case, the Plaintiff sought payment of the purchase price of the instant real estate against the Defendant, asserting that the Plaintiff himself/herself is the actual owner of the instant real estate under the name of E. As such, it is reasonable to deem that the Plaintiff entered into a contract with the intent to directly bring about the legal effect of the contract to himself/herself and B, unlike the seller E and the Defendant.
(1) The Plaintiff asserts that, as the Plaintiff’s assertion, if the legal effect of the contract belongs to the parties indicated in the contract, the Plaintiff, not the seller E under the contract, has no title to seek payment of the purchase price. Meanwhile, the Plaintiff asserts that the Defendant granted the right of representation to the parties to the contract, not the title trustee, to B, the husband.
The Defendant’s signature or seal of a sales contract (No. 1) and a written statement of payment (No. 2) is the Plaintiff, not the Defendant, but the Plaintiff, and the Defendant is also the Plaintiff.