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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff and the defendant filed a marriage report on May 16, 1994, and they were married to their husband and wife on April 2, 2009.
The plaintiff acquired real estate No. 1 in the attached list before marriage in the name of the plaintiff, but held a title trust to the defendant for the convenience of lease around July 2007.
In addition, during the marriage period, the Plaintiff purchased real estate No. 2 and No. 6 in the name of the defendant who is the spouse, from the revenue of wood trees and the lease revenue of real estate No. 1 in the attached list, and thereafter acquired real estate thereafter, and the Plaintiff held title trust with the defendant of the above real estate.
Therefore, the defendant is obligated to implement the procedure for ownership transfer registration on the ground of termination of title trust to the plaintiff.
2. Since it is presumed that a person registered as an owner of the real estate is presumed to have acquired ownership through 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 2007Da90883 Decided April 24, 2008). In addition, given that real estate acquired by one of the married couple in his/her sole name during marriage pursuant to Article 830(1) of the Civil Act is presumed to be the unique property of the nominal owner, the other spouse should bear the price for the pertinent real estate and prove that the said real estate was acquired in order to reverse that presumption.
At this time, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that there was a title trust with respect to the pertinent real estate by changing the presumption of an unconditional property and not by considering all the circumstances revealed through the relevant evidence, whether the other spouse has paid the price for the real possession of the pertinent real estate individually and specifically, and in particular, the other spouse should be determined.