1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff and the defendant are married couple who completed the marriage report around December 1, 1979.

B. The Plaintiff’s father C entered into a sales contract with D on March 1, 1985, setting forth KRW 57,770,000 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”). As to the said land, the Defendant completed the registration of ownership transfer for reasons of sale on or around the 29th of the same month.

C. Since August 10, 1985, the defendant completed the registration of initial ownership relating to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter, the building in this case).

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C: (a) purchased the instant land and donated it to the Plaintiff; (b) by title trust to the Defendant, the Defendant made registration of ownership transfer and ownership preservation on the instant land.

Since the Plaintiff terminated the title trust agreement on the instant land and building by serving the instant complaint, the Defendant is obligated to implement the procedure for ownership transfer registration on the ground of termination of title trust.

B. The Defendant asserted that C, in purchasing the instant land and constructing the instant building, invested KRW 42,00,000 in its own real estate sale funds in Gangdong-gu Seoul Metropolitan Government, and completed the registration of transfer of ownership and registration of preservation of ownership in the name of the Defendant in accordance with the agreement on the same business.

Since then, the defendant settled the land purchase fund of this case invested by C in C.

3. The real estate acquired by one of the married couple under the sole name of the married couple under Article 830(1) of the Civil Act shall be presumed to be the special property of the nominal owner, so the other spouse in order to reverse such presumption.