A. On October 26, 2007, the Defendant sold a specific part of 175 square meters out of the Gyeonggi-gun Gamb Gamp 1,876 square meters (hereinafter “instant land”), which he had owned by Daeyeong-gun Co., Ltd., and completed the registration of ownership transfer with respect to the portion of 175/1876 square meters out of the instant land, to Daeyeong-do Co., Ltd.., Ltd., and Daeyeong-do Co., Ltd sold the said part of 175 square meters, and completed the registration of ownership transfer with respect to the instant land’s portion of 175/1876 square meters.

B. On March 25, 2009, the Defendant sold to the Plaintiff the portion of “B” part of the purchase price of KRW 496,00,00,000,000 among the remaining parts of the instant land, except for the portion sold to DaesungD Co., Ltd. among the instant land, to the Plaintiff. The Plaintiff completed the registration of ownership transfer as to the share of KRW 496/1876, out of the instant land due to the said sale contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The registration is to be deemed to have been made in mutual title trust in a case where multiple persons agreed to own a part of a single parcel of land separately, and only a specific portion of co-ownership is registered in an amount equivalent to the size of each sectional ownership for convenience (see, e.g., Supreme Court Decision 86Da59, 86Meu307, Aug. 23, 198). In a case where a part of a single parcel of land is assigned by specifying and taking advantage of convenience and completing co-ownership registration as to the whole, the registration is valid as a trustee under mutual title trust (see, e.g., Supreme Court Decision 95Da40939, Oct. 25, 1996). A person who partitioned ownership of a specific part of land in a mutual title trust relationship or sectionally owned co-ownership relationship against a person who has a share registration as to that part.