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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 25, 2016, the Plaintiff has a claim for “183,100,000 won and damages for delay” based on a payment order in the loan case with the Ulsan District Court 2016j30,040 decided October 25, 2016, which is the Defendant’s husband.
B. On March 6, 2014, the Defendant completed the registration procedure for the preservation of ownership on the instant apartment in its name.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Plaintiff has a claim against C as above, and C, without any property other than the instant apartment, has title trust in the Defendant’s future. 2) The Plaintiff terminates the title trust agreement on the instant apartment between C and the Defendant to preserve its claim based on the above payment order against C.
3) Therefore, the Defendant is liable to implement the procedure for the registration of ownership transfer with respect to the apartment in this case. (B) The relevant legal doctrine is presumed to be the unique property of the nominal owner of the property acquired by one spouse in the marriage under Article 830(1) of the Civil Act, but the presumption is reversed if the other spouse proves that he/she has actually acquired the property by bearing the price for the said property in fact, and the other spouse who has actually borne the price for the said property may be deemed to have held title trust with the title holder for convenience (see, e.g., Supreme Court Decision 2006Da79704, Apr. 26, 2007). However, if it is apparent that the source of the fund for acquiring real estate is one spouse, who is not the nominal owner, the nominal owner may be presumed to have donated the fund for acquisition from the spouse once. In order to reverse the presumption of special property, the other spouse actually bears the price for the said real estate and the other spouse simply proves that he/she acquired it in fact.