beta
Text
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 court of first instance’s explanation as to this case is as follows, except for the case that the defendant emphasized in the court of first instance as to this case, the reasoning of the court of first instance cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary part] The following parts shall be added between the fourth and fourth 11 of the judgment of the first instance.
Even if the Defendant title trust the instant real estate to his husband and wife C, in light of the following legal principles and circumstances, the seller appears to have been aware of the Defendant’s title trust at the time of the conclusion of the instant sales contract, and the seller’s partial testimony of the witness G of the first instance court is difficult to believe, and the remainder of the evidence submitted by the Defendant and the witness G of the first instance court are insufficient to recognize the remainder of the evidence, and there is no other evidence to prove otherwise. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) on the Registration of Real Estate under Actual Titleholder’s Name.
Where the main sentence of Article 4 (2) is applied and the registration of transfer of ownership in the name of the debtor who is the title trustee is null and void, such house is not owned by the debtor, and thus, it cannot be deemed as the debtor's liability property provided for joint security.
However, when the title truster and the title trustee entered into a so-called contract title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract and entered into a housing sales agreement with the owner who was unaware of the fact that the title trustee was the party to the contract, and completed the registration of ownership transfer pursuant to the said sales agreement, the title trustee would acquire the full ownership of the relevant house under the proviso of Article 4(2) of the Real Estate Real Name Act notwithstanding