A. The Plaintiff purchased the sales right under the Yangcheon-gu Seoul Metropolitan Government C Apartment 111, 202 (hereinafter “instant apartment”) and decided to title trust to the Defendant.

Therefore, on June 11, 2015, the Plaintiff entered into a sales contract with the non-party to the right to sell the instant apartment in the name of the Defendant to purchase the purchase price of KRW 769,667,60.

The sales price is the total sum of KRW 751,667,60 and KRW 18,00,000 for the original sales price. The sales contract (Evidence A) entered the premium in KRW 5,000,000, and entered the sales price in KRW 756,667,600, and the down payment was determined in KRW 10,000,000, including KRW 5,000 for the premium.

B. In relation to the purchase of the apartment in this case, the Plaintiff paid KRW 5,00,000 on June 10, 2015 and KRW 5,000,000 on June 11, 2015, and paid KRW 74,575,838 as part of the intermediate payment and the remainder on July 4, 2016, and paid KRW 70,16,760 on July 7, 2015, and KRW 13,000 on a total of KRW 167,742,598.

The remainder of the sales amount was paid by the Plaintiff as the Defendant the loan obligor’s name at the NongHy-dong branch of Nonghyup Bank.

C. On July 7, 2015, the Defendant paid KRW 2,000,00 as a brokerage commission for the sale and purchase of the apartment of this case.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination

A. Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name provides that “title trust agreement shall be null and void,” and Article 4(2) provides that “The change in the real right to real estate by the registration made under the title trust agreement shall become null

Provided, That the same shall not apply where the title trustee becomes a party to a contract for acquiring a real right to real estate and the other party did not know that the title trust agreement exists.