1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim against C filed a lawsuit against Suwon District Court No. 2018Gadan3775, and on May 3, 2018, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff 10 million won and 25% interest per annum from December 12, 2017 to the date of full payment.”

The above judgment became final and conclusive around that time.

B. The Defendant’s apartment acquisition 1) The Defendant and C are legally married couples who completed the marriage report around 1993 and have two children under the chain. 2) The Defendant purchased the real estate listed in the separate sheet from D (hereinafter “instant apartment”) from September 18, 2014 in price for KRW 208,00,000, and completed the registration of ownership transfer in its name on November 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the apartment house of this case was registered in title by C, the wife, and C is currently insolvent, and the Plaintiff, the obligee of C, based on the obligee’s subrogation right, terminates the above title trust agreement by serving a copy of the complaint on the Defendant.

Therefore, the defendant is obligated to implement the procedure for ownership transfer registration of the apartment of this case to C.

B. As such, in order to reverse such presumption, the 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 shall be presumed to be the special property of the nominal owner. Therefore, in order to reverse that presumption, the other spouse must bear the price for the real estate in question and prove that the other spouse acquired

At this time, the mere fact that the other spouse is the source of the purchase fund does not simply reverse the presumption of an unconditional property and do not deem that there was a title trust on the real estate concerned, and all the circumstances revealed through the relevant evidence.