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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, such as the status of the parties, is C's wife, and the defendant is C's Chok.
In the case of divorce and consolation money between the plaintiff and C, the lawsuit is pending.
B. On June 2008, the Defendant and D purchased the real estate of the Defendant and D with KRW 620.4/1842 of each 620-2/182 of each of the 921m2m2 in Pyeongtaek-si F-si E voluntarily auction procedure in Suwon District Court, Suwon District Court, and KRW 199/69 of each of the 346m2m2 in G, G, 101, 102, 104, 204, 206, and 303m2 in each of the above lands, and purchase price for KRW 53,000,000 in each of the above lands.
7. 22. The sale price shall be paid in full and the registration of ownership transfer shall be completed by one half of each in the name of the defendant and D.
(2) Each of the above real estates (hereinafter referred to as "each of the above real estates in this case" and each of the real estates, the ownership transfer registration of which has been completed under the name of the defendant, shall be referred to as "the co-ownership of this case"). / [The grounds for recognition] of the absence of dispute, entry of Gap 1, 2, Eul 1 and 3 evidence (including each number; hereinafter the same shall apply), the purport
2. The Plaintiff’s assertion and C concluded a title trust agreement with the Defendant and purchased the instant co-ownership shares in the discretionary auction procedure under the name of the Defendant.
Therefore, as a return of unjust enrichment to the Plaintiff, the Defendant is obligated to pay to the Plaintiff KRW 217,786,395, which corresponds to 1/2 of the market price of the instant co-owned shares, and delay damages therefrom
3. Determination
A. The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by the trust of another person shall be liable to prove the title trust fact.
(see, e.g., Supreme Court Decision 2012Da84479, Oct. 29, 2015). (B)
In light of the above legal principles, the evidence submitted by the Plaintiff alone concerning the co-ownership of this case between C and the Defendant, in light of the following circumstances acknowledged by the statement of evidence Nos. 4 through 7, and witness D’s testimony.