1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and C are between high school and the Defendant’s wife.

B. As to the instant real estate, the registration of transfer of ownership was completed from D and E on October 16, 2006 due to the purchase and sale contract as of September 27, 2006 (hereinafter “instant sales contract”).

C. On September 25, 2009, C prepared a written confirmation to the Plaintiff that “C and F jointly paid KRW 2 billion to the Plaintiff.”

2. The assertion and judgment

A. The Plaintiff’s assertion C is the actual owner of the instant real estate, and only the registration title was entrusted to the Defendant.

However, since C excludes the instant real estate, it is insolvent without any particular property, the Plaintiff, as a creditor of C, terminates the title trust by subrogation of C with the instant lawsuit.

Therefore, the Defendant is obligated to implement C the procedure for ownership transfer registration on the instant real estate on the ground of termination of title trust.

B. Determination 1) Since the real estate acquired by one spouse in his/her own name during the marriage is presumed to be the unique property of the nominal owner, in order to reverse such presumption, the other spouse must bear the price for the pertinent real estate and prove that the real estate was acquired in order to substantially own the said real estate. In such a case, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that there was a title trust on the pertinent real estate, and it does not mean that there was a title trust on the pertinent real estate. In full view of all the circumstances revealed through the relevant evidence, whether the other spouse bears the price for the real estate in question by individual and specific consideration of whether the other spouse bears the price for the real estate in question (see, e.g., Supreme Court Decision 2013Da49572, Oct. 31, 2013). 2)