1. The defendant C is the defendant B, and as to the 1560 square meters of the paddy field D in Yangsan-si, Chungcheongnam-do, Ulsan District Court, Ulsan District Court, Yangsan-si, 2003.

1. Basic facts

A. On December 17, 2002, the Plaintiff entered into a sales contract with Defendant B to purchase KRW 120 million of the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) from Defendant B, and the sales contract with the content that Defendant C purchases KRW 30 million of the instant real estate from Defendant B on July 24, 2003, respectively.

B. After that, Defendant B completed the registration of ownership transfer as stated in Section 1 of the Disposition of this case (hereinafter the registration of this case) with respect to the instant real estate.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 5 (including virtual number, the defendants' defense to the effect that Gap evidence No. 3 was forged, so Gap evidence No. 3 can be acknowledged as being prepared by the F entrusted with the authority to conclude a contract by the defendant Eul in full view of the overall purport of the arguments in the testimony of the defendant No. 3, witness E, and F, the defendant's ground of appeal against the above evidence is without merit) and the whole purport of the arguments.

2. The Plaintiff asserts that the Plaintiff purchased the instant real estate from Defendant B, and that there was a title trust agreement between the Plaintiff and the Defendants to set the name of the instant real estate in Defendant C, and accordingly, Defendant B completed the instant registration in Defendant C with respect to the instant real estate.

On the other hand, the Defendants asserted that no title trust agreement exists, and in particular, Defendant C intended to donate the instant real estate to Defendant C and purchased the instant real estate in Defendant C’s name, and completed the instant registration.

3. Determination

A. In full view of the overall purport of the arguments in Gap evidence Nos. 5, 7, and 11 (including additional numbers), witness E, and F as a whole, the fact that the plaintiff paid the purchase price of the real estate of this case to the defendant Eul and kept the certificate of registration of the real estate of this case even after the completion of the registration of this case in the future of defendant C, and that the plaintiff continued to retain the certificate