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(영문) 의정부지방법원 2019.01.16 2018가단6525

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. Plaintiff A’s claim against Defendant C is the obligee against Party E, and Defendant C is the spouse of Party E.

E purchased real estate listed in the attached Table 1 on October 5, 1992 in the name of the defendant C, and completed the registration of ownership transfer in the name of the above defendant C, thereby under title trust with the defendant C, and E is currently insolvent.

Accordingly, the plaintiff A notifies the defendant C of the cancellation of the title trust of the real estate listed in the attached Table 1 by sending the copy of the complaint of this case to E, and the above defendant is obligated to implement the registration procedure for ownership transfer of the above real estate to E.

B. The plaintiffs' claims against defendant D are creditors of F with respect to F, and defendant D is the spouse of F.

F purchased on December 29, 2007 the real estate listed in attached Table 2 List No. 1 in the name of Defendant D, and completed the registration of ownership transfer in the name of Defendant D, thereby under title trust with Defendant D. As to the real estate listed in the attached list No. 2 of August 18, 2008, the registration of ownership transfer was completed in Defendant D’s name, thereby under title trusting the said real estate to Defendant D.

Accordingly, the plaintiffs notified the defendant D of the termination of the title trust of each real estate listed in the separate sheet No. 2 by subrogation of F through the service of the copy of the complaint of this case. The above defendant is obligated to perform the procedure for the registration of ownership transfer of each real estate to F.

2. Determination

A. Since the real estate acquired by one of the married couple in his/her sole name during marriage under Article 830(1) of the Civil Act is presumed to be the unique property of the nominal owner, in order to reverse such presumption, the other spouse must bear the actual cost of the real estate in question and prove that he/she has acquired the real estate in his/her own possession.

At this time, the presumption of an unconditional property is reversed merely because the other spouse is the source of the purchase fund.