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(영문) 광주고등법원(제주) 2016.12.07 2016나10041

소유권이전등기

Text

1. Of the judgment of the court of first instance, the plaintiff with respect to the primary claim that falls under the following order:

Reasons

1. The reasoning for the court's explanation concerning this case is that the "(real estate of this case)" of the first instance court Nos. 3 and 12 is "(real estate of this case)", and the "real estate of this case Nos. 4 through 7" of the third, 14 and 15 are "real estate of this case" respectively, and the reasons for the judgment of the first instance court No. 4 is that of this case.

A. In addition to the use of a claim as follows, this part of the reasoning of the judgment of the first instance is identical to that of the judgment, and thus, this part is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 4. Determination on the merits

A. Determination as to the primary cause of claim is based on Article 830(1) of the Civil Act, since real estate acquired by one spouse in the name of his/her sole title during the marriage is presumed to be the unique property of the nominal owner, the other spouse must prove to reverse such presumption that the other spouse actually bears the price for the pertinent real estate and acquired it in order to actually own the said real estate. In such a case, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that there was a title trust on the pertinent real estate, and whether the other spouse bears the price for the real estate in consideration of all the circumstances revealed by the relevant evidence, and whether the other spouse bears the price for the real estate in question, should be determined by comprehensively taking into account all the circumstances indicated by the relevant evidence, and comprehensively considering the following facts, the Supreme Court Decisions 2013Da49572 Decided 31, 2013; 2006Du8068, Sept. 25, 2008 through 37, 2007).