beta
Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
The claim D.
Reasons
1. The reasons for the acceptance of the judgment of the first instance are as follows: (a) the court added “the real estate of this case” after the 3-face 8 of the judgment of the first instance, Yongsan-gu, Seoul, J. J. 185 square meters (hereinafter “the real estate of this case”) to the real estate of this case; and (b) the following additional determination is the same as the reasons for the judgment of the first instance, except for the addition of “the additional determination” to the assertion added by the Defendant in this court
2. Additional determination
A. The defendant's assertion that the defendant purchased the real estate of this case from M and held the title trust of 1/3 of the shares to D, and that circumstances were not known by M. D. Accordingly, D finally acquired the ownership of the shares of this case, and accordingly, the defendant has a claim for return of unjust enrichment of 200 million won, which is equivalent to the purchase price of the above shares.
D The issuance of the Promissory Notes in this case to the Defendant is for the payment of the above unjust enrichment claim, and thus, it cannot be viewed as a fraudulent act, since D's obligations are not increased.
B. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a title truster and a title trustee entered into a contract under a title trust agreement, and the title trustee entered into a contract with the owner who was unaware of the fact that the title trustee was the party to the contract, and completed the registration of ownership transfer of the relevant real estate in accordance with such contract, the title trustee, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, shall acquire the full ownership of the relevant real estate, and the title trustee is merely liable to return unjust enrichment to the title truster. If the contract title trust agreement is after the enforcement of the Act on the Registration of Real Estate