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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
purport, purport, and.
Reasons
1. The reasoning of the judgment of the court of first instance, citing this case, is the same as the reasoning of the judgment of the court of first instance, except for a determination by adding or supplementing the allegations made at the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Determination as to the assertion of title trust under an interim omission type 1) The buildings indicated in the separate sheet between C and Defendant A (hereinafter “instant building”) by the Defendants’ assertion
A) The title trust in relation to “title trust” is not a contractual title trust, but an intermediate omitted type title trust. That is, in substance, C and Defendant A merely made each name in the name of the contractor and ownership transfer registration under the joint purchaser of the instant building or at the request of C, and the seller was well aware of such fact. Therefore, the change in real rights as to the 1/2 share of the instant building by Defendant A is null and void. Therefore, the distinction between whether the judgment title trust agreement is an intermediate omitted type title trust (three-party registered title trust) or a contract title trust is ultimately determined by the contracting party (see, e.g., Supreme Court Decision 2010Da52799, Oct. 28, 2010). If the title truster is a party to the instant building, the title truster is an intermediate omitted type title trust, and if the title trustee is a party, the contract title trust will become a party to the instant
In addition, in cases where an actor who executes a contract performs a juristic act in another person's name, when the actor and the other party agree to the contract, the actor or the title holder shall be determined as the party to the contract according to the same intent. If the intent of the actor and the other party are not in accord, the other party shall be determined as the party to the contract, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract.