Of the part against the Defendants regarding the primary and conjunctive claims of the lower judgment, the attached list of the lower judgment is recorded.

The grounds of appeal are examined.

1. As to the ground of appeal No. 3, the lower court, on the grounds as indicated in its reasoning, accepted part of the Plaintiff’s claim as to the above part of the building among the primary and conjunctive claims against the Defendants, on the ground that A, who actually operated F, had newly constructed the instant officetel as a business operator of F, and accordingly, A acquired the building part of each of the instant real estate, which is the sectional ownership of the instant officetel.

Examining the record in light of the relevant legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the validity of change in real rights in the ownership of new buildings or the contract

2. As to the grounds of appeal Nos. 1 and 2, Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where a title truster and a title trustee entered into a contract under a title trust agreement with the owner who was not aware that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the said contract, the title trustee, despite the invalidity of a title trust agreement between the title truster and the title trustee, shall complete ownership of the pertinent real estate, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, is obliged to return unjust enrichment equivalent to the purchase fund provided by him/her to the title truster (see, e.g., Supreme Court Decision 2002Da66922, Jan. 28, 2005). Meanwhile, the distinction between whether a title trust agreement is a so-called three-party registered title trust or a contract title trust becomes a matter of determining who the contracting party.