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The judgment below
The part concerning the second preliminary claim shall be reversed, and this part of the case shall be the Seoul Northern District Court.
Reasons
The grounds of appeal are examined.
1. As to the primary claim, the court shall judge whether the allegation of facts is true in accordance with logical and empirical rules on the basis of the ideology of social justice and equity with free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal, as the judgment below does not exceed the bounds of
(Article 432 of the same Act). On the grounds set out in its reasoning, the lower court acknowledged that the registration of transfer of ownership in the name of F on the instant land was immediately completed from the Plaintiff, who purchased the instant land from E, in accordance with the so-called three-party registered title trust agreement entered into with F, and determined that, there is insufficient evidence to acknowledge that F was an agreement that F would promptly pay the Plaintiff KRW 50 million to the Plaintiff for the price of the Plaintiff’s share in the instant land or for the future disposal, and that the agreement between the Plaintiff and F cannot be deemed concluded.
The part of the ground of appeal disputing the lower court’s fact-finding is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding association agreement and agreement on allocation of partnership property, or by exceeding the bounds of the principle of free evaluation of evidence in violation
2. In a case where a title trust relationship is established between the actual obligor of the purchase price and the nominal holder as a result of the purchase of real estate for the preliminary claim, even if they agreed to return the proceeds of disposal of the real estate held in title trust to the title truster, this is the name of the actual obligee of the real estate.