2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

4. Conclusions, other than the following parts, are the same as the reasoning of the judgment of the first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

3. Determination

A. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where the title truster and the title trustee entered into a contract title trust agreement with the owner who was not aware that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the said contract, the title trustee acquires the full ownership of the relevant real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee bears the obligation to return unjust enrichment to the title truster.

(B) In full view of the evidence (see, e.g., Supreme Court Decision 2002Da66922, Jan. 28, 2005) and evidence, evidence Nos. 8 through 33, and evidence No. 79 (each of the following circumstances acknowledged by the overall purport of entries and pleadings included in the virtual number) as mentioned above, it is reasonable to deem that the Plaintiff purchased and trusted the title trust to the Defendant. As long as the other party to a sales contract and a sales contract did not know the title trust at the time of the contract, a title trust agreement between the Plaintiff and the Defendant constitutes a so

① The sales contract and the sales contract for real estate Nos. 1 and 2 of the instant case were entirely executed by the Plaintiff, and the Defendant did not participate in all.

② The Plaintiff’s purchase price, sale price, acquisition tax, registration tax, and registration cost.