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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional performance below, shall be revoked.
Reasons
1. Basic facts and the purport of the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance from 5 to 3 pages of the second to 3 pages of the judgment of the court of first instance. Thus, the grounds for this part are as stated in the reasoning of the judgment of the court of first instance, and the part concerning “real estate list” as stated in the attached Form 12, respectively. Thus, this part is
[However, since it is obvious that the part prior to the correction of Paragraph 4 of the Disposition in the above list is a clerical error, the corresponding part of the reasoning of the judgment of the court of first instance is the same. In addition, it is clear that part of each of the real estate of this case was divided or merged after the Defendant completed the registration of ownership transfer, but it was indicated that the pertinent real estate was indicated
2. Determination on whether a title trust relationship is established
A. Since real estate acquired by one spouse in the sole name during marriage pursuant to Article 830(1) of the Civil Act is presumed to be the special property of the nominal owner, in order to reverse such presumption, the other spouse must bear the actual cost and prove that the other spouse acquired the real estate in order to possess the real estate in fact.
At this time, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that a title trust was made by changing the presumption of an unconditional property solely on the sole basis of the fact that the other spouse was the source of the purchase fund. In addition, in full view of all the circumstances revealed through the relevant evidence, whether the other spouse has paid the price for the real possession of the real estate
(see, e.g., Supreme Court Decision 2013Da49572, Oct. 31, 2013). B.
In full view of the following facts and circumstances confirmed by the records of this case based on the above legal principles, the Plaintiff and the Defendant, as the actual right holder, possess the ownership of each of the instant real estate, and the registration thereof shall be made in the name of the Defendant.