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1. The Defendant’s ground for termination of title trust on September 19, 2014 regarding the real estate stated in the attached list to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are legally married couple who completed the marriage report on October 6, 2010.
B. On October 18, 2010, the Defendant completed the registration of ownership transfer under the name of the Defendant, which was based on sale on September 30, 2010, regarding real estate listed in the separate sheet (hereinafter “instant real estate”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. Plaintiff’s assertion 1) After repeated marriage and divorce over two occasions with Defendant, the Plaintiff agreed to marry again on September 2010, and agreed to purchase the instant real estate with the deposit for the apartment house of the Gwangju Metropolitan City Urban Corporation and the money borrowed under the name of the Plaintiff, which was previously leased by the Plaintiff, and thereafter entrusted the instant real estate to the Defendant, who is the spouse. 2) The Plaintiff terminated the instant title trust agreement with the delivery of a duplicate of the instant complaint. The Defendant is obligated to implement the registration procedure for ownership transfer on the instant real estate due to the termination of the said title trust.
B. 1) Determination of whether an implied title trust agreement exists or not is a contract concluded according to the agreement between the parties. Such a contract may be concluded explicitly, not only explicitly, but also explicitly. The recognition of the fact of title trust does not necessarily necessarily require recognition of the fact of title trust, if any specific evidence or fact exists as a matter of fact-finding, or does not necessarily require recognition of the fact of title trust. In general, where only the title holder of real estate is entrusted to another person, documents proving the relationship of rights, such as the certificate of right, should be held by the title truster, the actual owner, who is the title holder, or against the contrary, that the title trustee has these documents of legal relationship.