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(영문) 대법원 2009. 08. 20. 선고 2009두6728 판결

남편이 부동산을 취득하면서 아내의 명의만을 빌렸다는 주장의 당부[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu13820 (No. 10, 2009)

Title

The legitimacy of the claim that the husband borrowed only the name of the wife while acquiring real property

Summary

Although her husband alleged that he acquired real estate and held title trust to her wife for convenience, her wife has borne a significant portion of the funds for the acquisition of real estate, it was time for her husband to obtain some funds from her husband at the time of the tax investigation, and other real estate is also owned in the name of her wife, it is deemed that her property is unique

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

Although examining all of the records of this case and the judgment of the court below and the grounds of appeal, it is clear that the appellant’s grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by