(영문) 서울중앙지방법원 2020.11.19 2019나69904

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(영문) 서울중앙지방법원 2020.11.19 2019나69904

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion asserts that the share 1/2, among the apartment buildings of this case, in the name of the Defendant, was trusted in title to the Defendant, and that the Plaintiff sought implementation of the procedure for ownership transfer registration based on the termination of title trust on the date of delivery of a copy of the complaint of this case.

B. Under Article 830(1) of the Civil Act of the relevant legal principles, the real estate acquired in the name of one spouse during the marriage shall be presumed to be the unique property of the nominal owner. Thus, if the source of the fund to acquire the real estate in question was revealed to the fact that the other spouse is not the nominal owner, then the nominal owner may be presumed to have received a donation of the fund to acquire the real estate from the spouse. In such a case, as the real estate in question is not the special property of the nominal owner, but the real estate in question under a title trust between the other spouse, the nominal owner shall prove

In addition, in order to reverse “the presumption of a specific property” under Article 830(1) of the Civil Act, the other spouse shall bear the price of the pertinent real estate and prove that the other spouse acquired the said real estate in order to possess it actually. Thus, the presumption of a non-conditional special property cannot be deemed to have been reversed solely on the ground that the other spouse is the source of the purchase fund, and a title trust was established on the relevant real estate. In addition, in full view of all the circumstances revealed through the relevant evidence, whether the other spouse bears the price for the real possession of the pertinent real estate should be determined individually and specifically by taking account of all the circumstances

참조조문

-민법 제830조 제1항

-민사소송법 제420조

유사 판례

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-서울고등법원 2020.04.29 2019누57376

-서울고등법원 2016. 10. 07. 선고 2016누31571 판결