Busan High Court 2009Nu6469 ( October 15, 2010)

Changwon District Court 2008Guhap844 ( October 01, 2009)

Whether a title trust is made where there is only one person, and the transfer registration of ownership is jointly acquired.

In the case of a joint acquisition of real estate and transfer registration, it constitutes a title trust, which is traded in violation of the Real Estate Real Name Act, and it is necessary to calculate gains on transfer based on the actual transaction price.

The contents of the decision shall be the same as attached.

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The argument on the grounds of appeal by the Appellant is without merit because it falls under Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and is therefore dismissed under Article 5 of the above Act. The appeal by the same appellant is dismissed under Article 429 of the Civil Procedure Act, since Gangwon did not submit a written appeal within the statutory period, the appeal by the same appellant is dismissed under Article 429 of the same Act