일부소유권이전등기
1. The defendant is due to C’s restoration of real name with respect to each one-half share of each real estate listed in the separate sheet.
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1-1, Gap evidence 2, 4, 5, 8 through 14, 16, Gap evidence 3, and 6-1, 2, the witness's testimony and the whole purport of the pleadings:
On December 20, 2005, the Plaintiff entered into a contract with C to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 155,00,000 (hereinafter “instant sales contract”).
However, the Plaintiff and C set up a “cover contract” in which the purchase price was reduced to KRW 130,000,000, and submitted it to the government offices for the purpose of tax reporting, etc.
B. The Plaintiff paid C the remainder of KRW 65,00,000, the down payment of KRW 25,000,000 on December 20, 2005, the intermediate payment of KRW 65,00,000 on January 10, 2006, and the remainder of KRW 65,00,000 on February 10, 206.
C. On February 13, 2006, C completed the registration of ownership transfer concerning each real estate of this case by the Gwangju District Court No. 29823. D.
On the other hand, the plaintiff was paid KRW 30,000,000 on December 19, 2005 by the defendant, and KRW 62,00,000 on January 9, 2006 respectively.
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is to purchase each of the instant real estate between the Defendant and the Defendant as one-half shares. The Plaintiff concluded a sales contract for each of the instant real estate from C, and upon request from C, completed the registration of ownership transfer in the name of the Defendant with respect to the entire instant real estate.
Therefore, with respect to 1/2 of the Plaintiff’s internal shares, a three-party title trust is established for the Defendant.
B. The following circumstances revealed by the existence of title trust 1 and the validity of the ownership transfer registration of this case, namely, ① a person who consulted with C at the time of the instant sales contract with the seller at the time of signing the contract is the Plaintiff; ② the Plaintiff’s registration of ownership transfer pursuant to the instant sales contract.