1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. B as the representative director of the Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) jointly and severally guaranteed the loan of KRW 630,00,000 from the financial institutions including the Industrial Bank of Korea, etc. under the Plaintiff’s credit guarantee. On March 16, 2017, the Nonparty Co., Ltd. was improperly treated on the grounds of delinquency in interest, and the Plaintiff repaid KRW 546,93,73 in subrogation of the Nonparty Co., Ltd. on June 30, 2017. The Plaintiff acquired the right to indemnity equivalent

B. However, in purchasing the instant real estate on March 31, 2005, B completed the registration of ownership transfer under the name of the defendant, who was the wife at the time of the purchase, under the name of the defendant, and the instant real estate was trusted in title to the defendant by B.

C. Therefore, the Plaintiff has the above claim against B, and since B is insolvent, the Plaintiff terminates the above title trust agreement in subrogation of B, and seeks the Defendant to implement the procedure for ownership transfer registration of the instant real estate.

2. The property acquired by one of the married couple in his/her name during the marriage shall be presumed to be the special property of the nominal owner.

However, in a case where it is proved that the other party or both parties have acquired the property by bearing the price of the property, the presumption of a special property shall be reversed and it shall be deemed that the other party or both parties own the property, but there was cooperation between the other party in acquiring the property.

It cannot be said that there is a reason to reverse the presumption solely with the fact that there was a mutual assistance in marriage life.

(see, e.g., Supreme Court Decision 92Da21982, Dec. 11, 1992). Moreover, since a person registered as an owner of a real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that the registration was based on the title trust has the burden of proving that the person who asserts it is based on the title trust.

Supreme Court Decision 2013Da82913 Decided June 23, 2015, etc.