The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) concluded a sales contract with the Defendant and Gwangjin-gu Seoul Special Metropolitan City H site and its ground buildings (hereinafter “the instant real estate”), and merely attempted to have only the registered name as a title trustee, and it does not constitute “third party” under Article 4(3) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “False Act”), the lower court determined that the seller of the sales contract was erroneous as the title trustee, and that the victim S under the contract constituted a third party under Article 4(3) of the Fraudulent Act.

2. Determination

A. According to the statement of the judgment (Seoul Central District Court 2012Ga31425) submitted by the prosecutor at the trial of the court, witness S, U, Y each statement of the court below, and witness T of the court below, ① The person who actually performs the business affairs, such as the preparation of a sales contract with the victim S, is the director of the hotel management division operated by the defendant, ② the victim S and I are the actual owner, and I are the trustee, ② the victim S and I are the actual owner, and the right relationship of the real estate of this case are defined as the title trustee, ③ the victim S and I are required to explain the above explanation and confirm the purchase, ③ the victim S signed a sales contract after having I check the right relationship of the real estate of this case with L, ④ the person who received the down payment after I attended at the time of the sales contract, ④ the person who prepared the sales contract with L as the seller, and ⑤ the fact that the provisional disposition registration in the name of the FO sales contract is made and resolved to the defendant S.

In light of these facts, not only the victim S but the defendant also the actual seller of the real estate sales contract of this case.