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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is to dismiss “the Plaintiff” No. 4 of the judgment of the court of first instance as “the Defendant,” and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the Defendant added or emphasized the argument that the Defendant added or emphasized in this court, and thus
2. Additional determination
A. The defendant asserts that the real estate of this case was completed only in the name of C and the purchase fund was disbursed by the defendant. Since C was merely a title trustee of the real estate of this case, C did not constitute a responsible property of C.
B. First of all, it is insufficient to consider whether a title trust agreement existed between the Defendant and C, and the evidence submitted by the Defendant alone is insufficient to recognize that the Defendant, while purchasing the instant real estate from the Republic of Korea, was in title trust with C, and there is no other evidence to acknowledge this otherwise. Even if otherwise, if the title truster and the title trustee entered into a contract of title trust with the owner who was unaware of the fact that the title trustee entered into the so-called contract of title trust agreement and became a party to the contract and completed the registration of title transfer pursuant to the said contract, the title trustee would obtain full ownership of the relevant real estate under the proviso of Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and would bear the duty to return unjust enrichment equivalent to the purchase fund received from the title truster. In such a case, the real estate acquired by the title trustee is co-mortgaged with