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1. The Defendant: (a) from November 6, 2018, the Plaintiff 81,535,714 won, Plaintiff B, and C respectively; and (b) from November 6, 2018.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-6 (including a serial number), taking into account the overall purport of the pleadings.
G on November 24, 2011, in a voluntary auction procedure (hereinafter “instant auction procedure”) conducted with respect to the area of 370 square meters (hereinafter “the instant land”) in Suwon-si, Jeonyang-si, Jeonyang-si, for the purpose of selling KRW 181,00,000 (=sale deposit KRW 15,15,200, the remainder of KRW 165,84,80,000) by borrowing the Defendant’s name under the Defendant’s name as the mother, and selling the proceeds (=sale deposit KRW 15,15,15,200, the remainder of KRW 165,84,80,00). According to the said sale, the ownership transfer registration was completed in the Defendant’s name on December 9, 2011.
B. Since then, G was deceased and became its inheritor, Plaintiff B and C, who is its wife, became its inheritor.
2. Judgment on the plaintiff's claim
A. In a case where a person who intends to purchase real estate in the real estate auction procedure obtains a permit for sale under an agreement with another person to obtain a permit for sale under his/her own name and obtain a permit for sale under another person’s name, the person who takes the position of purchaser in the auction procedure is limited to his/her name and thus the person who actually bears the purchase price is entitled to acquire the ownership of the real estate for the purpose of auction regardless of who is the person who bears the purchase price. In such cases,
(See Supreme Court Decisions 2002Du5351 Decided September 10, 2002; 2005Da664 Decided April 29, 2005, etc.). However, the above title trust agreement between a person who bears the purchase price and a person who lends his/her name is null and void under Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, a person who bears the purchase price (title truster) is the person who lends his/her name to the person who lends the purchase price.