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 of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the parts added or added as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. On the fourth part of the judgment of the court of first instance, the following judgment is added to the next part of the 11th judgment.

3) Meanwhile, the Defendant asserts that, while the Plaintiff did not take any measures regarding the instant real estate until the completion of the registration of the establishment of the neighboring real estate, C obtained a loan from the Korea Credit Union on June 13, 2007, and completed the registration of the establishment of the neighboring real estate with the maximum debt amount of KRW 70 million as to each of the instant real estate, C is the actual owner of the instant real estate, and there is no title trust agreement with the Plaintiff as the truster, and therefore, C has no secured claim for the instant claim.

On the other hand, the title trust is a contract established by the mutual agreement between the parties. Such a contract may be concluded explicitly, not only explicitly, but also implicitly. The recognition of the fact of title trust is a matter of fact-finding, and if certain evidence or facts exist, it does not necessarily necessarily require the recognition of the fact of title trust, or it does not necessarily require the recognition thereof. In general, where only the title of real estate is trusted to another person, the document proving the relation of interest, such as the registration certificate, is held by the title truster, the actual owner (see, e.g., Supreme Court Decision 2001Da1478, Mar. 9, 2001). The fact that the Plaintiff submitted the registration certificate of the right to each real estate of this case, in custody of the Plaintiff, as evidence (Evidence No. 3-1 and 2 of A) is apparent in the record.

According to the above facts, the plaintiff is the owner of each real estate of this case.