사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except where the relevant part is modified as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
A. Of the judgment of the first instance, the two pages 8 and 9 of the first instance judgment "the defendant" shall be written by adding "C" to "C".
B. Of the written judgment of the court of first instance, the part Nos. 3, 12, 4, and 12, among the parts of the judgment of the court of first instance, shall be added to
“1) Whether this case’s real estate constitutes C’s responsible property or not is presumed to have been acquired in one spouse’s sole name during marriage, and there was another party’s cooperation in acquiring the property.
Although the presumption is not reversed solely on the basis of the fact that there was an objection under the above-mentioned or the fact that there was an objection, if the other party proves that he actually acquired the price of the property concerned, the presumption is reversed, and if the other party bears the price for the property, the other party who actually acquired the price may be deemed to have held title trust with the title
Furthermore, the act that a title trustee of real estate has completed the registration of ownership transfer of the trusted real estate by performing a duty to return the real estate according to the trust act does not constitute a fraudulent act
(2) On the other hand, the Majority Opinion argues that, on the other hand, whether the other spouse has a title trust with respect to the pertinent real estate solely on the ground that the other spouse is the source of the purchase fund is the source of the purchase fund, and that there was a title trust with respect to the pertinent real estate. In full view of all the circumstances revealed through the relevant evidence, it is necessary to determine whether the other spouse has a burden on the compensation for the real possession of the pertinent real estate individually and specifically, and in particular, whether the other spouse has a title trust by taking account of all the circumstances revealed through the relevant evidence.