제3자이의
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the court’s explanation on this part of the facts is as follows, and this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 3 8 "I" of Part 13 of Part 4, "In Busan District Court 2004Gahap529, Dong Branch of the District Court 2004Gahap529," "I" of Part 8, "I" of Part 13, "I" of the Dong Branch of the District Court 2004Gahap529.
2. The assertion and judgment
A. The plaintiff's assertion asserts that since the registration of ownership transfer in H's name and the transfer of ownership in D's name, etc. that are completed with respect to each real estate of this case is invalid due to the following circumstances, the plaintiff still holds ownership of each of the real estate of this case (including shares in D's name 1/2), each compulsory auction commenced in the name of D's name 1/2 of each of the real estate of this case should be revoked.
1) Claim regarding title trust (1) The actual purchaser of each real estate of this case is not H but a network G or D. The registration of ownership transfer of this case is null and void based on the registration title trust relationship between the third party pursuant to the contract for sales concluded between the Plaintiff and the network G or D and the trust agreement concluded between the Plaintiff and the network G or D. ② Even if the registration title trust is not recognized between the third party, H purchased each of the instant real estate from the Plaintiff as the party to the instant sales contract upon the request of the network G, and completed the registration of ownership transfer under the H’s name in accordance with the trust agreement with the network G (title trust agreement). Since the Plaintiff was aware of such circumstances, the instant registration of ownership transfer is null and void. (2) According to Article 16(2) of the Private School Act, if the president or the director conflicts with the school juristic person, the relevant president or the director did not participate in the resolution on the relevant matters.