소유권이전등기
1. The Defendant’s ground for termination of title trust on October 20, 2015 regarding the real estate stated in the attached list to the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant are married couple who reported marriage on January 22, 2013.
B. On June 24, 2013, a sales contract of KRW 653,00,000 for the seller, the buyer, the Defendant, and the sales price was concluded with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the ownership transfer registration for the instant real estate was completed in the name of the Defendant.
C. At the time of the above contract, KRW 300,000,000, out of the purchase price, the purchaser acquired the lessee’s obligation to return the lease deposit to the lessee D of the instant real estate and decided to substitute the buyer.
On June 24, 2013 and June 25, 2013, the Plaintiff borrowed KRW 110,000,000 from UNMMM, Co., Ltd., and KRW 51,00,000 from Bluencco, Inc., and KRW 194,00,000 from E, and paid KRW 353,00,000 out of the said money to C as the purchase price of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings
2. Issues of the instant case
A. 1) The plaintiff asserts that the sales contract of the real estate of this case was concluded in the name of the defendant and the transfer of ownership was made in the name of the defendant under the title trust agreement between the plaintiff and the defendant, and that since the above title trust was terminated by the delivery of a duplicate of the complaint of this case, the defendant should implement the procedure for the registration of ownership transfer of the real estate of this case to the plaintiff. 2) On the other hand, the defendant denies the existence of the title trust agreement asserted by the plaintiff, and the plaintiff asserts that the real estate of this case was wholly owned by the defendant.
B. Under Article 830(1) of the Civil Act, real estate acquired by one of the married couple in his/her sole name during marriage is presumed to be the special property of the nominal owner, so in order to reverse such presumption, the other spouse shall actually bear the price for the relevant real estate.