1. Defendant B’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1..

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance (Provided, That the part limited to the primary claim is excluded), and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the part limited to the primary

Even if Defendant B submitted at the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the first instance, it is insufficient to reverse the judgment of the court of first instance.

2. Parts in height:

A. At the fourth bottom of the first instance judgment, “L” is raised to “G”.

B. The first instance court’s judgment Nos. 6 to 7 and 18 are as follows.

(1) According to the relevant legal principles, in the case of a registered title trust between the so-called third parties, the title trust agreement and the registration thereof are null and void, and as a result, the real estate held in title is returned to the seller, so the seller is entitled to seek cancellation of the registration in the name of invalid title, and the sales contract between the seller and the title truster is still valid. As such, the title truster may file a claim for cancellation of the registration in the name of invalid title under the sales contract with the seller, and the title truster may file a claim for cancellation of the registration in the name of invalid title with the title trustee by subrogation of the seller in order to preserve the right to claim for ownership transfer registration (see, e.g., Supreme Court Decision 2009Da49193, 49209, Sept. 8, 2011). The distinction between the title trust agreement is a registered title trust between the third parties

If a contracting party can be seen as a title truster, it will be a registered title trust between three parties.

Therefore, if it is recognized that the title truster, not the title trustee, has entered into a contract with the intent to directly bring about the legal effect of the contract, the title truster is the contracting party.