2. The costs of lawsuit shall be borne by the Plaintiff.

A. B entered into a credit guarantee agreement with the Plaintiff on February 23, 2000, and was loaned KRW 50 million from an enterprise bank as collateral by the Plaintiff’s credit guarantee agreement with the Plaintiff.

B Since June 28, 2004, a guarantee accident occurred due to the failure to pay interest. The plaintiff subrogated 40,963,013 won to an enterprise bank on July 29, 2004.

B. On September 12, 2016, the Plaintiff filed a lawsuit seeking reimbursement against B with the Seoul Central District Court 2006Kadan161281 and received a final and conclusive judgment. After then, the Plaintiff filed a payment order for the extension of the period of prescription with the Seoul Western District Court 2016Hu65173, Sept. 12, 2016 and filed a request for payment order with the said court to “B would pay to the Plaintiff the amount of KRW 42,787,289 and the amount of delay damages for KRW 40,73,973,973.” The said payment order was finalized on October 5, 2016.

C. The Defendant is a legal wife with respect to which the marriage report was completed on July 5, 1983, and after completing registration of preservation of ownership in the name of the instant real estate on February 27, 2004, it has been owned until now.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-1, 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is a professional owner, who had no financial resources or income to prepare the acquisition fund of the real estate of this case. At least 1/2 of the real estate of this case is a title trust real estate for which the registration of ownership preservation was completed in the name of the defendant in order to avoid the creditor's compulsory execution. Thus, the plaintiff should cancel the title trust agreement between B and the defendant in subrogation of B, which is insolvent as a creditor of B, and seek implementation of the procedure for ownership transfer registration

B. (1) The real estate acquired in the name of one of the married couple under Article 830(1) of the Civil Act is presumed to be the unique property of the nominal owner, so the other spouse in order to reverse the presumption.