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

A. On June 23, 2016, the Plaintiff filed a lawsuit against C seeking compensation for damages on the ground that C violated the exclusive supply contract for the motor vehicle parts concluded by the Plaintiff around January 2014 and around February 2014, and was sentenced to the judgment (Seoul Northern District Court 2015Gahap24090) that “C shall pay to the Plaintiff the damages incurred from November 26, 2015 and the damages incurred from delay as from November 26, 2015, and damages incurred from delay as from November 26, 2015.” The judgment became final and conclusive around that time.

B. On July 31, 2014, the Defendant completed the registration of ownership transfer made on the ground of sale as of May 26, 2014 with D, the former owner, regarding the real estate listed in the separate sheet (hereinafter “instant apartment”).

The transaction value stated in the register of the apartment of this case is 285,000,000 won.

C. The defendant is the wife of C, and the defendant and C also reside in the apartment of this case.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The apartment of this case asserted by the plaintiff is a co-owned real estate of the defendant and C who concluded a sales contract under the name of the defendant and completed the registration of ownership transfer, and one-half of which is the shares under the title trust of C to the defendant.

The plaintiff terminates a title trust agreement with respect to the above co-ownership on behalf of the insolvent C.

Therefore, the defendant is obligated to implement C the procedure for ownership transfer registration for the restoration of real name.

B. The apartment building of this case asserted by the Defendant is the Defendant’s unique property, and is not the property trusted in trust by C.

3. Determination

A. Under Article 830(1) of the Civil Act, real estate acquired by one of the married couple in his/her sole name during the marriage shall be presumed to be the special property of the nominal owner. Therefore, in order to reverse such presumption, the other spouse actually bears the price for the pertinent real estate and actually owns such real estate.