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. In the first instance trial, the Plaintiff filed a claim for reimbursement against the co-defendant A of the first instance trial, and filed a claim for revocation of fraudulent act and restitution thereof against the Defendant, and the first instance court rendered a judgment citing both the Plaintiff’s claims.

Since only the Defendant appealed, the part of the Plaintiff’s claim for reimbursement against Co-Defendant A in the first instance trial became final and conclusive and excluded from the scope of this court’s trial.

2. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition of a part of the following, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(excluding the part 2-A of the reasoning of the first instance judgment). Defendant A’s “Defendant A” of the first instance judgment is en bloc referred to as “Codefendant A of the first instance trial.”

Part V through VI of the decision of the court of first instance shall be as follows.

Pursuant to a three-party title trust agreement between the Defendant and the co-defendant A of the first instance court (hereinafter referred to as “A”), only the name of the ownership transfer registration of each of the instant real estate is known.

Since the registration of ownership transfer under the name A for each real estate of this case was completed only to the defendant, as long as the registration of ownership transfer under the name A for each real estate of this case is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder's Name, each of the real estate of this case does not constitute a fraudulent act.

If a debtor completes the registration of transfer of ownership in the name of a title trustee pursuant to the so-called three-party registered title trust agreement, the main text of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name is applied, and thus, the registration of transfer of ownership in the name of the debtor is null and void. Accordingly, the above real estate is not owned by the debtor, and it