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. Summary of the parties’ assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion, along with the Defendant, intended to purchase the instant real estate D 1348m2 (hereinafter “instant real estate”) from the Defendant, in order to purchase the purchase price of KRW 120 million at KRW 100,000,000. The Plaintiff concluded a sales contract with C on the instant real estate in the name of the Plaintiff, and completed the registration of ownership transfer with respect to the instant real estate in the name of the Defendant.

Therefore, 1/2 shares in the instant real estate held by the Plaintiff are null and void by a title trust registration completed pursuant to a three-party title trust agreement. As such, the Plaintiff seeks a cancellation registration of ownership transfer of 1/2 shares in the instant real estate against the Defendant in subrogation of C.

B. Although the Defendant’s summary of the Defendant’s assertion purchased the instant real estate from C, and the actual purchase price of which is KRW 60 million, C falsely prepared, upon the Plaintiff’s request, the instant sales contract (Evidence A No. 1) with the purport that he/she purchased the instant real estate in the Plaintiff’s name at KRW 120 million, and prepared and executed a false receipt stating that he/she was paid the purchase price. Even if the Plaintiff trusted the Defendant’s title trust of the instant real estate’s 1/2 shares to the Defendant, it is the Defendant, not the Plaintiff, who is not the contractual party, and thus, it is difficult to comply with the Plaintiff’s claim, as it does not constitute a

2. Facts of recognition;

A. A sales contract (Evidence A No. 1) submitted by the Plaintiff is written on June 8, 2002, in the sales contract (Evidence A) submitted by the Plaintiff, the Plaintiff, the seller, and the real estate sales price of KRW 12,00,000 for KRW 100,000 for the purchase price of the real estate of this case (the payment shall be made in the presence of a broker on June 12, 2002), the balance of KRW 7,00,000 (the payment shall be made in the presence of a broker on June 12, 2002), and the contract date date. The sales contract (Evidence B No. 1) submitted by the Plaintiff at the first instance court is completely identical to the above evidence No. 1 and the location and form of the pen, the part written in writing, and the seal image (