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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 19, 195, the instant land divided into D 2,711 square meters (hereinafter “D land prior to the division”) and F 1,322 square meters (hereinafter “F land prior to the division”) and the instant land divided into D 1,389 square meters and F 1,322 square meters (hereinafter “F land prior to the division”). On October 18, 1997, the said F 1,322 square meters were divided into F 61 square meters (hereinafter “F land after the division”) and P 661 square meters (hereinafter “the instant land”).
B. On February 12, 1997, the Defendant completed the registration of ownership transfer under his own name with respect to the portion of 661/1,322 out of F land prior to subdivision, and on November 4, 1997, the Defendant completed the registration of ownership transfer under his own name with respect to the instant land on the ground of division of common property.
C. The plaintiff and the defendant were legally married on August 23, 1988, but a consultation was married on June 2, 2003.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2-2, 3 and 4, and the purport of the whole pleadings
2. The parties' assertion;
A. The Plaintiff asserted that the Plaintiff purchased the instant land with the Plaintiff’s intent to own it with the Plaintiff’s funds, and subsequently held title trust to the Defendant at the time of the purchase, and the Plaintiff’s declaration of termination of title trust was reached by delivery of a duplicate of the instant complaint, and thus, the Defendant is liable to implement the registration procedure for transfer of ownership based on the termination of title trust
B. The Defendant’s assertion that the instant land was not the property trusted by the Plaintiff.
3. Facts of recognition;
A. The process of transferring the ownership of D land before subdivision E intended to purchase part of D land before subdivision from C, which was the owner of D land before subdivision, but it was required to purchase it jointly with the Plaintiff, since it was less than the minimum area possible to divide the land.
E From C around May 25, 1995, between C and C.