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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated as the reasons for the judgment of the court of first instance, except for addition or dismissal as follows:
(The main text of Article 420 of the Civil Procedure Act is to add “a trust relationship” to “a trust relationship with Defendant B, a title truster, is deemed to have concluded a direct sales contract with a seller with the intent of directly reverting the legal effect of the sales contract to himself/herself, and thus constitutes a third party’s registered title trust.”
Then, “No matter how the objection period of the above disposition imposing capital gains tax has expired” is added to “No matter how C is unable to seek the cancellation of the above disposition imposing capital gains tax, since there is no dispute between the parties.”
Up to 5 pages 1, 3, and 5 are as follows:
As such, we examine this issue. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
In a case where a title trust relationship is established between the actual obligor and the nominal holder of the purchase price in purchasing real estate after its enforcement, even if they agreed to transfer the ownership of the real estate at the request of the actual obligor of the purchase price, such agreement shall also be deemed null and void as it belongs to the category of real estate under title trust itself or the category of seeking the return of the proceeds from the disposal of the real estate under the Real Estate Real Name Act, which is premised on a title trust agreement null and void under the Real Estate Real Name Act (see, e.g., Supreme Court Decisions 2014Da6315, Feb. 26, 2015; 201Da103472, Mar. 14, 2013; 206Da35117, Nov. 9, 206). The testimony of the Defendant 1 through 4, 5 (part 6), and No. 1, 2, 3, 6, 13, 15, 16, and 17