1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

1. On July 4, 2018, the Plaintiff asserted that the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C from Defendant C for KRW 130 million.

(hereinafter “instant sales contract”). However, with the consent of Defendant C, the registration of ownership transfer is completed under the name of Defendant B, which entered into a title trust agreement with the Plaintiff and the third party, as the registration office of the Incheon District Court was received on November 12, 2018.

Since the above title trust agreement between the Plaintiff and Defendant B and the above ownership transfer registration based thereon are null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, the instant real estate trusted in title will remain as it is owned by Defendant C, a seller, and the instant sales contract between Defendant C and the Plaintiff still remains valid, and the Plaintiff has a right to claim the ownership transfer registration against Defendant C.

In order to preserve the right to claim ownership transfer registration against Defendant C regarding the instant real estate, the Plaintiff sought the cancellation of the ownership transfer registration under the name of Defendant B, the title trustee, in subrogation of Defendant C, and sought the implementation of the ownership transfer registration procedure to Defendant C according to the instant sales contract.

2. Determination

A. In a case where a person of the legal doctrine purchased real estate through another person, and the name of the buyer and the name of the transfer of ownership are decided in the name of another person, the trust relationship between the buyer and the registration name is merely an internal relationship between them, and barring special circumstances, such as where the other party understood the title truster as the contracting party, the third party should be deemed the contracting party externally, and even if the other party was aware of the title trust relationship, barring special circumstances where the other party entered into a contract with the intention to directly bring about the legal effect of the contract to the title truster, not

Supreme Court on July 22, 2016