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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. The parties' assertion
A. C Shares 50,000 (hereinafter “instant shares”) under the name of the Defendant asserted by the Plaintiff are owned by the Plaintiff as title trust to the Defendant.
B. The Defendant’s assertion that the instant lawsuit was instituted against the Plaintiff, and the Plaintiff brought the instant lawsuit, and that the Plaintiff said that the instant shares were owned by the Defendant, therefore, the instant shares are owned by the Defendant, the nominal owner.
2. Facts of recognition;
A. The Plaintiff and the Defendant filed a marriage report on February 10, 1988 and were legally married for 20 years, and currently a divorce lawsuit is pending as the Gwangju Family Court 2015da31125.
B. On October 13, 2003, the Plaintiff established L Co., Ltd. (hereinafter “C”) with capital of 1,000,000,000,000 capital as promoters, and the total number of issued and outstanding shares of 10,000,000 shares (hereinafter “C”) as the Plaintiff, Defendant, H, I, J, and K as promoters.
C. At the time of establishment C, the Plaintiff held C’s shares of 30,000 shares, the Defendant’s 30,000 shares, H 5,00 shares, I’s 5,00 shares, J 10,00 shares, and K 20,00 shares, respectively, and the Defendant was registered as the representative director.
After several times, the plaintiff and the defendant hold C shares each of 50,000 shares, and are registered as each representative director.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Gap evidence Nos. 8 through 13, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
3. Determination
A. In accordance with Article 830(1) of the Civil Act, real estate acquired by one spouse in the name of a single spouse during the marriage shall be presumed to be the unique property of the nominal owner. Therefore, in order to reverse this, the other spouse must bear the price for the pertinent real estate and prove that the other spouse has acquired such real estate in order
At this time, the presumption of special property is reversed.