Key legal question
Whether the 30 October 2003 transfer of half the apartment units was simulated or fiduciary.
Extracted holding
The transfer was not simulated; it was a fiduciary transfer, because externally the parties truly intended the ownership transfer, even though internally they wanted only to enable the early withdrawal of pension funds.
Extracted reasoning
Simulation requires that no legal effects be intended vis-à-vis third parties. Here the real internal purpose differed from the external legal act, but there was no factual basis to find that the parties intended to deceive outsiders about the ownership transfer.