Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

annex . of claim.

The phrase “C division” in the second sentence of Paragraph 2 shall be deemed to be “Defendant”, and each “C” in the third and fourth parallels in the same paragraph shall be deemed to be “Defendant”, and ② With respect to the claim of title trust emphasized by the Defendant in this court, 2-B of the first instance judgment’s reasoning.

Except as mentioned below, the part from the 6th parallel to the last parallel shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that the reasoning of the judgment of the first instance is as follows.

As the Defendant, upon receiving the instant real estate from Ha's Ha's Ha, issued a title trust with D, the husband of the instant real estate, but terminated the title trust in the form of the instant gift, the instant gift does not constitute a fraudulent act against the Plaintiff. In the meantime, the Defendant asserted that the instant gift did not constitute a fraudulent act against the Plaintiff, since the person registered as the owner of the instant real estate is presumed to have acquired the ownership through legitimate procedure and cause, the fact that the registration was based on the title trust is presumed to have been based on the title trust (see, e.g., Supreme Court Decision 2007Da9083, Apr. 24, 2008). As such, the written evidence in subparagraphs 1 through 7 of the above presumption alone is insufficient to acknowledge that the ownership transfer registration made in D with respect to the instant real estate share was based on the Defendant's title trust, and there is no other evidence to acknowledge it. Accordingly, the Defendant's assertion cannot be accepted.

3. In conclusion, the first instance judgment is just and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.