The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The registration of real estate is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by trusting another person shall be liable to prove the relevant title trust fact;

(See Supreme Court Decision 95Da39526 Decided September 30, 1997, Supreme Court Decision 99Da36372 Decided March 28, 200, Supreme Court Decision 2012Da8479 Decided October 29, 2015, etc.). In addition, in a case where an actor who executes a contract performed a legal act under another person’s name, when the actor performs a legal act, who is the contracting party between the actor and the nominal owner constitutes a matter of interpreting the intent of the contracting party.

(1) In cases where an actor and the other party agree with each other, either the actor or the nominal owner shall be determined as the contracting party according to the same intent. In cases where the intent of the actor and the other party is inconsistent, the contracting party shall be determined on the basis of the overall circumstances before and after the conclusion of the contract, including the nature, content, and purpose of the contract, and the circumstances surrounding the conclusion of the contract where the intent of the actor and the other party does not coincide with each other. If a reasonable person exists, the contracting party shall be determined on the basis of how the other party would understand

(2) The trust relationship between a buyer and a person registered in the name of a contracting party is merely an internal relationship between the other contracting party, barring any special circumstance, such as where the other contracting party has understood the truster as a party to the transaction, and the other contracting party is externally a party to the transaction, barring any such special circumstance as where the other contracting party has understood the truster as a party to the transaction.