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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. The original defendant's judgment as to the cause of the claim is a woman, the plaintiff is a deceased E (hereinafter "the deceased"), and the defendant is the deceased's spouse, and the plaintiff entered into a contract to purchase the apartment of this case in KRW 285,00,000 (hereinafter "the sales contract of this case") with G on May 7, 201, and completed the registration of ownership transfer in the name of the plaintiff on June 22, 201, and the fact that the defendant currently occupies the apartment of this case can be acknowledged by the evidence No. 5, No. 1, No. 2, No. 2, No. 2, and No. 2. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff who is the owner, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The defendant's summary of the defendant's assertion is merely a title trust with the plaintiff before his birth, and the defendant cannot respond to the plaintiff's claim of this case which is not the actual owner.
B. Since a person registered as an owner of a real estate is presumed to have acquired ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.
(See Supreme Court Decision 2007Da9083 Decided April 24, 2008). In light of the above legal principles, the following circumstances, which can be recognized by each description or image of the evidence as stated in Eul, Eul, Eul, Eul, 4, 8, 9, 19 through 26, 30 through 35 (including a serial number if any) and the purport of the entire pleadings, namely, ① money transferred from the F (the birth of the plaintiff)’s account to the plaintiff’s account from 231,00,000 won, and money transferred from C (the birth of the plaintiff)’s account to the plaintiff’s account from 20,000,000 won, and money transferred from the plaintiff’s account to 33,000,000,000 won for the lease deposit of the plaintiff, F, and C, were purchased as the apartment fund of this case. The above amount transferred to the deceased’s account.