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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
The Plaintiff was entrusted to the Defendant with the purchase fund of the Seoul Apartment-gu Seoul Metropolitan City 201, 1102 (hereinafter “instant apartment”).
Since the Defendant purchased the instant apartment from the seller who was unaware of the fact that the title trust agreement existed, and acquired the ownership effectively by completing the registration of ownership transfer, the Defendant is obligated to return the purchase fund of the instant apartment and its interest or delay damages, which the Plaintiff provided, to the Plaintiff
Judgment
Since a person registered as an owner of a real estate is presumed to have acquired the ownership through legitimate procedures and causes, the fact that the registration is based on the title trust has the burden of proof for the claimant.
(See Supreme Court Decision 2013Da82913 Decided June 23, 2015). According to the purport of Gap evidence Nos. 1 through 10, and Eul evidence Nos. 1 and the purport of the whole pleadings, it can be acknowledged that the defendant purchased the apartment of this case from D on April 28, 2005, paid KRW 326,00,000, and completed the registration of ownership transfer concerning the apartment of this case on May 30, 2007, the fact that the part of the plaintiff paid to the defendant was used to pay the purchase price of the apartment of this case.
However, the defendant asserts that the purchase fund of the apartment of this case was donated from the plaintiff, and the following circumstances, which are acknowledged by the overall purport of the statements and arguments in Eul evidence Nos. 1, 2, 3, 5, 6, 8 through 13 (including paper numbers), have been paid the property tax imposed on the apartment of this case continuously from 2009 to 2016, and the plaintiff revealed that he would submit the gift document of this case to the court around September 23, 2015, and the plaintiff argued that he lent the purchase fund of this case to the defendant.