1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 24, 1974, the Defendant reported a marriage with C on July 24, 1974, but was married on March 15, 2007.

B. On February 4, 2002, the Yusung Comprehensive Construction Co., Ltd. completed on January 31, 2002 the registration of ownership transfer (hereinafter “instant registration”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant on January 31, 202.

C. 1) On October 10, 2002, the Plaintiff loaned C a total of KRW 20 million on November 20, 2002, KRW 20 million on November 20, 2002, KRW 50 million on November 22, 2002, and KRW 50 million on November 22, 2002. (2) The Plaintiff filed a lawsuit against C seeking payment of the above loan ( Daegu District Court Decision 2008Da11241), and the above court rendered a judgment that “C shall pay KRW 50 million to the Plaintiff.”

1) Around August 2003, the Plaintiff invested KRW 200 million to C, and received KRW 165 million from C. 2) The Plaintiff filed a lawsuit against C seeking payment of the balance of the investment (the above court 2008Gahap1357). The above court sentenced C to the judgment that “C shall pay KRW 35 million to the Plaintiff.”

[Reasons for Recognition] Class A, Nos. 1, 2, and 1 (including additional numbers), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the registration of this case was completed pursuant to the title trust agreement between C and the defendant, and that, in subrogation of C, the plaintiff asserts that the title trust agreement of this case concerning the real estate of this case was terminated by serving the purport of this case and the application for modification of the cause of the claim in subrogation of C, the plaintiff seeks implementation of the procedure for the registration

B. Under Article 830(1) of the Civil Act, real estate acquired by one spouse in the name of a single spouse during marriage is presumed to be the unique property of the nominal owner. Therefore, in order to reverse such presumption, the other spouse actually bears the cost of the relevant real estate and actually owns such real estate.