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1. The plaintiff's appeal as to the main claim and the ancillary claim added at the trial is dismissed in entirety.
Reasons
1. The court's explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.
2. Summary of the plaintiff's assertion
A. In light of the fact that it is difficult for the Defendant who graduated from a high school to believe that he purchased the instant land equivalent to KRW 100 million without parents’ financial support, and that it is difficult to view that the Defendant’s relative, etc. had lent the instant land purchase fund to the Defendant who had no particular security; D and E appear to have used the profit gained by operating the instant restaurant from Pyeongtaek-si N prior to the conclusion of the instant sales contract as the purchase fund for the instant land; and the Defendant, regardless of the operation of the instant restaurant, operates the instant restaurant in its surrounding areas; D and E, leading the conclusion of the instant sales contract; and the Defendant, regardless of the operation of the instant restaurant, prepared only a formal sales contract.
B. In addition, in light of the fact that the construction of the instant building requires approximately KRW 1 billion, the circumstances leading up to the Defendant’s creation of new construction funds, and the fact that the profit accrued while operating the cafeteria with D and E, appears to have been used for the construction of the instant building, it should be deemed that there was an agreement on title trust regarding the instant building.
C. In the first place, the title trust agreement on the instant land constitutes a three-party title trust agreement, and accordingly, D and E purchased the instant land owned by G as a party to the instant sales contract, and completed the registration only as the Defendant under the title trust agreement with the Defendant. As such, D and E have the right to claim for ownership transfer registration under the instant sales contract with G as the preserved bond.