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1.The judgment of the first instance shall be modified as follows:
The plaintiff's lawsuit against the defendant B shall be dismissed.
B. Defendant D.
Reasons
1. Basic facts
A. On June 22, 2005, Defendant D and E drafted a sales contract (Evidence No. 8 No. 1) with the content that they purchase real estate listed in the attached list owned by Defendant D (hereinafter “instant apartment”) to purchase KRW 350,000,000 (the payment of the down payment of KRW 30,000,000 at the time of the contract, and each payment of KRW 32,00,000,000 at the time of the contract).
B. However, on June 22, 2005, a real estate sales contract (Evidence A No. 8) signed on June 22, 2005 entered the buyer as the plaintiff and E 2, and the purchase price of 270,000,000 won (the contract amount of 50,000,000 won, the balance of 220,000,000 won). As to the apartment of this case, the registration of ownership transfer was completed on June 22, 2005 with respect to each of the plaintiff and E 1/2 shares on the plaintiff and E on August 8, 2005.
C. The Plaintiff and the Defendant are children of E, and E died on December 16, 2015.
(hereinafter referred to as “E”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1, 2, 3, Gap evidence 5, 8, and 9, and the purport of the whole pleadings.
2. The parties' assertion
A. The plaintiff and his family members moved to the U.S.A. to move to a large number of children, but the F, who is the plaintiff's mother, left Korea as a matter of study and military service, and the plaintiff purchased the apartment of this case in the status of buyer by taking care of F, the plaintiff purchased the apartment of this case in the status of buyer. In order to prepare a place where F and the deceased live, solve problems related to apartment management, and save taxes such as comprehensive real estate tax or capital gains tax by registering the apartment of this case in a joint name, only 1/2 of the shares among the apartment of this case was trusted to the deceased. At the time, the defendant D, who sold
Therefore, since the Plaintiff’s title trust of 1/2 shares among the instant apartment units constitutes “three-three-three-party title trust,” the sales contract for the instant apartment units is valid as it was concluded between the Plaintiff and Defendant D, and between the Plaintiff and the deceased.