1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of the cited part of this case is that “No. 7” was dismissed as “Evidence 8 (including a partial number)” in the fourth 4th h judgment of the court of first instance, and that the reasoning for the judgment of the court of first instance is the same as that of the corresponding part of the reasoning for the judgment of the court of first instance, except for an additional determination as set forth in the following two. Thus, it is acceptable

2. The Defendant asserts that the portion of the additional determination is that, inasmuch as both E, F, G, H, and I (hereinafter “E”) and the co-defendants of the first instance trial jointly invested funds and concluded a sales contract for the instant real estate in the name A, they completed the registration of ownership transfer under their names, E, etc. shall be deemed to have trusted their own shares in title, and therefore, the remainder of the instant real estate except for A’s shares is not a responsible property.

In a case where a title truster and a title trustee entered into a so-called contract title trust agreement, and entered into a sales contract on real estate with the owner who was unaware of the fact that the title trustee was a party to the contract, and completed the registration of ownership transfer pursuant to the said sales contract, the title trustee, despite the invalidation of the title trust agreement between the title truster and the title trustee, is fully entitled to the relevant real estate under the proviso of Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the title trustee bears the duty to return unjust enrichment equivalent to the purchase fund provided from the title trustee. In such a case, the real estate acquired by the title trustee becomes the debtor’s general creditors’ joint collateral, and the title truster is only one of the monetary creditors in relation to the title trustee (see, e.g., Supreme Court Decision 2007Da74874, Sept. 25, 2008).