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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the case where the defendant newly determined as to the assertion that was newly adopted by the court of first instance, and thus, it is acceptable in accordance with
2. The Defendant asserts to the effect that since F was in a position to enter into a sales contract with the Korea Asset Management Corporation prior to other third parties as to the instant real estate, the Defendant acquired the instant real estate by taking advantage of its position, the Defendant and F shall fully bear KRW 42,58,00,00, and the Defendant and F shall pay KRW 7,412,00 in return for the right of annual interest, and the F shall, upon receiving the instant real estate from the State, enter into an agreement with F to transfer ownership to the Defendant as soon as it received the instant real estate from the State (hereinafter “instant agreement”), and the F shall complete the registration of transfer by taking the instant real estate out to the Defendant pursuant to the agreement, and thus, the instant real estate shall not be a F’s responsible property.
Where the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name is applied to real estate, and the registration of transfer of ownership in the name of the debtor who is the title trustee is null and void, such real estate is not owned by the debtor, and thus, it cannot be deemed that it is a responsible property provided to the general creditors’ joint security. Even if the debtor concluded a sales contract with a third party on the real estate and completed the registration of transfer of ownership with such third party, it cannot be deemed that the debtor caused a decrease in the debtor’s responsible property, and thus, it cannot be deemed that the debtor’
However, the title truster and the title trustee entered into the so-called contract title trust agreement, and the title trustee becomes a party to the agreement.