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1. As to shares of 1/8 of each of the real estate listed in the separate sheet
A. Defendant (Counterclaim Plaintiff) C is against Defendant B.
Reasons
1. Determination as to the principal lawsuit
A. The facts of recognition 1) Nonparty F is the land before subdivision, which was owned by the Plaintiff, Defendant C, and Nonparty G on August 29, 2005 between the Plaintiff, Defendant C, and Nonparty G, each of which was owned by Defendant B and Nonparty F, with 1/2 of each of them (hereinafter “the land before subdivision”).
A) As to forest land and real estate Nos. 2 in the separate sheet No. 1 and attached list No. 2, a sales contract which sells 1/4 shares to Nonparty G and 1/8 shares to the Plaintiff and Defendant C in the capacity of Defendant B’s agent (hereinafter “instant one sales contract”).
(2) After the conclusion of the instant 1 sales contract, the Plaintiff and Defendant C concluded a title trust agreement with the purport that the Plaintiff will make a share transfer registration under the name of Defendant C with respect to each of the 1/8 shares listed in the separate sheet for convenience, although Defendant B did not include the real estate listed in the separate sheet for No. 2. However, Defendant B made a share transfer registration with respect to the said real estate to Defendant C, and the Defendants did not clearly dispute the assertion that the said real estate was concluded. (2) After the conclusion of the instant 1 sales contract, the land before subdivision was divided into each of the real estate listed in the separate sheet for No. 1, 3, or 10.
3) According to the title trust agreement between the Plaintiff and the Defendant C, Defendant B, the seller, made a registration of transfer of ownership of all one-fourths shares of each real estate listed in the separate sheet to Defendant C, according to the title trust agreement between the Plaintiff and the Defendant C. [Grounds for recognition] without dispute, Party A’s evidence Nos. 1 through 6 (including paper numbers,
B. In light of the above facts, according to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, a title trust agreement between the Plaintiff and the Defendant becomes null and void pursuant to Article 4(2) of the same Act, and any change in the real right to real estate made by a registration under a title trust agreement becomes null and void pursuant to Article 4(2) of the same Act. Thus, although the Plaintiff purchased the land, it