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(영문) 수원지방법원 2017.01.10 2016가합75339

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are legal couple who completed the marriage report on March 27, 1996.

B. On May 3, 2002, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the real estate listed in paragraph (1) of the attached Table No. 1, and ② completed the registration of ownership transfer under the name of the Defendant with respect to the real estate listed in paragraph (2) of the attached Table No. 2 on August 22, 2003, ③ completed the registration of ownership transfer under the name of the Defendant on August 7, 2003, and ④ completed the registration of ownership transfer with respect to the real estate listed in paragraph (4) of the attached Table No. 4 on April 6,

[Ground for Recognition: Facts without dispute, entry in Gap evidence 1-3, evidence 3-1 through 4, purport of whole pleadings]

2. Judgment as to the main claim

A. Each real estate listed in the attached list of the Plaintiff’s assertion (hereinafter collectively referred to as “instant real estate”) is a real estate acquired by the Plaintiff and the Defendant with a burden of the price of its property during marriage, and the Plaintiff owns one-half shares during marriage, but was entrusted only to the Defendant. The Plaintiff’s title trust is terminated by the delivery of a copy of the instant complaint.

Therefore, the Defendant is obligated to complete the registration of transfer of ownership on the ground of termination of title trust with respect to the portion of 1/2 of the instant real estate to the Plaintiff.

B. Determination 1) Although one spouse’s property acquired in one’s name during the marriage is presumed to be the special property of the nominal owner, when it is proved that the other spouse or both parties have acquired the property with the burden of paying the price for the property, the presumption of special property shall be reversed, and the other spouse’s ownership or both parties’ ownership shall be deemed to be co-ownership (see Supreme Court Decision 95Da25695, Oct. 12, 1995). According to the above basic facts, since all of the instant real property is known to the Defendant that the real property was acquired in one’s own name during the marriage, it is presumed that the instant real property was the property acquired in one’s own name during the marriage. In order to reverse such presumption,