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(영문) 부산지방법원동부지원 2016.10.13 2015가합105192
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are legally married couple who completed the marriage report on August 20, 1986, and currently, Ulsan District Court 2015dhap363, a divorce lawsuit is pending.

B. The Defendant completed the registration of transfer of ownership in the name of the Defendant as to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) after marriage with the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 6 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that each of the instant real estate was acquired by money prepared by the Plaintiff while operating a swine boom, and the registration of ownership transfer was completed in the name of the Defendant on the grounds of tax reduction, etc.

Therefore, each of the instant real estate constitutes real estate held in title by the Plaintiff to the Defendant.

Since the Plaintiff terminated the title trust agreement by serving a duplicate of the instant complaint, the Defendant is obligated to implement the registration procedure for ownership transfer of each of the instant real estate to the Plaintiff.

B. According to Article 830(1) of the Civil Act, in order to reverse such presumption, the real estate acquired by one of the married couple’s sole names during the marriage is presumed to be the unique 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 the real estate in question in order

At this time, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that there was a title trust with respect to the pertinent real estate by changing the presumption of an unconditional property and not by considering all the circumstances revealed through the relevant evidence, whether the other spouse has paid the price for the real possession of the pertinent real estate individually and specifically, and in particular, by other evidence.

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