1. Defendant B’s share of 1/2 out of 340 square meters in Ulsan-gu, Ulsan-gu, Ulsan District Court. The Jungsan District Court’s mid-gu Office is the Jungsan District Court’s registry office.

1. Basic facts

A. As to the Ulsan-gu, Ulsan-gu, Seoul-gu (hereinafter “instant real estate”), a sales contract with Defendant B, the seller, the seller, the sales price of KRW 115,00,000, and the sales contract with respect to the amount of KRW 340 square meters (hereinafter “instant real estate”), which was written on November 22, 2006, was formulated.

B. As to the instant real estate, the Ulsan District Court’s mid-gu District Court’s registry office was received on December 21, 2006, No. 99064, Nov. 22, 2006, and the Defendant B’s transfer of ownership (hereinafter “the instant transfer registration”) was completed on November 22, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, the purport of the whole pleadings

2. Assertion and determination

A. (1) The Plaintiff agreed to own the instant real estate share in proportion to the amount invested by Defendant B.

The Plaintiff invested KRW 70 million, and KRW 50 million in Defendant B invested. Of KRW 70 million invested by the Plaintiff, KRW 5 million is paid as real estate brokerage commission and actually borne by the Plaintiff.

Therefore, regarding the share of 65/115 shares among the instant real estate, title trust between the truster and the third party who is the trustee of the Defendant B was established.

Since shares 65/115 of the instant transfer registration under Defendant B’s name is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant B is obligated to delete the said shares, and Defendant C is obligated to implement the procedure on November 22, 2006 to the Plaintiff for the transfer registration of ownership based on the sale on November 22, 2006, the Plaintiff sought the cancellation thereof in subrogation of Defendant C.

B. Since the instant sales contract was concluded by Defendant B, not the Plaintiff, but his wife, the Plaintiff has no standing to be a party.

The E and Defendant B entered into an agreement to jointly invest in the same share (1/2 each), and did not agree to own the shares of the instant real estate in proportion to the amount invested.

Therefore, the title trust agreement between E and Defendant B on the shares of 1/2 of the instant real estate is concluded.