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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
. The purport of the claim is.
Reasons
1. Basic facts
A. On September 11, 2002, the Plaintiff and the Defendant purchased from C the land of four parcels, including the land of 91 square meters, 1,578 square meters (hereinafter referred to as “instant land”), G road, 124 square meters, and H 24 square meters, and the building of D and I’s land (hereinafter referred to as “instant building”) with the purchase price of 895,000,000,000 won, including the said four parcels and the said buildings.
B. At the time of the conclusion of the above sales contract (hereinafter “the instant sales contract”), the Defendant and C agreed that KRW 90,000,000, the down payment of KRW 335,000,000 in the sales price, and the intermediate payment of KRW 335,00,00 in the contract, shall be paid on September 25, 2002, and the remainder of KRW 470,000,000 in the payment of the remainder shall be paid on October 8, 2002, and the buyer shall pay the remainder in lieu of the payment of the remainder by taking over the secured debt of the
C. Among the above lands on October 7, 2002, the registration of ownership transfer was completed in the name of the defendant, F, and H with respect to each land in the name of the plaintiff, and the registration of ownership transfer was completed in the name of the plaintiff, and with respect to G road and the building in this case, the registration of ownership transfer was completed in the ratio of 1/2 shares in each of the original defendant.
The plaintiff and J are married couple, and the defendant and K are married couple.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional evidence) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant purchased 1/2 shares of each of the instant real estate from C, and the Plaintiff purchased 1/2 shares of each of the instant real estate from C, and the ownership transfer registration was completed from C to C under title trust with the Defendant who is the title trustee.
This is so-called “three-party registered title trust” and both a title trust agreement and registration following such agreement are null and void. Thus, the Plaintiff is based on a sales contract for C with respect to one-half shares out of the instant land.