1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 16, 199, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to the area of 179 square meters, E, 5,362 square meters, F forest land, and 15,570 square meters (each real estate listed in the separate sheet was registered after the division of the above land; hereinafter “instant real estate”).

B. On April 30, 1999, the Defendant completed the registration of ownership transfer on the instant real estate by reason of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 29, Eul evidence 4, Eul evidence 7, 19 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion and the Defendant’s husband G entered into a partnership agreement to jointly purchase and develop the instant real estate, and the Plaintiff paid 1/2 of the sales price of the instant real estate to G in accordance with the said partnership agreement.

The Defendant is merely the title trustee of the instant real estate, and the actual right holder of the instant real estate is the Plaintiff and G.

The Plaintiff terminated a title trust agreement based on the ownership of the instant real estate, and the Defendant is obligated to implement the registration procedure for ownership transfer with respect to one-half shares of the instant real estate.

B. Determination 1) Real estate registration is presumed to have been completed based on legitimate grounds for registration from the fact that it exists formally, and a person asserting that a person registered under a trust held in another person is liable to prove the fact of title trust (see, e.g., Supreme Court Decision 2017Da215070, Jun. 19, 2017). Generally, in a case where only the real estate owner’s title is entrusted to another person, a title truster, who is the actual owner, is in possession of a document proving the right relationship, such as the registration certificate. As such, a title truster, holds such documents.