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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 court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act
2. Judgment on the issue
A. 1) According to the above facts, as to whether a fraudulent act has been constituted, B, one’s own wife, and as to the 1/2 co-ownership share of the building of this case, which is one’s sole property in the future of the Defendant, the status of insolvency by completing the registration of ownership transfer based on donation, barring any special circumstance, the donation contract of this case shall be deemed as a fraudulent act against the Plaintiff, the creditor, barring any special circumstance. 2) As to this, the Defendant asserts that the building of this case acquired at the Defendant’s expense and transferred the 1/2 share of this case to B, who is the husband, and restored the title trust again
Pursuant to Article 830(1) of the Civil Act, real estate acquired by one spouse in the name of his/her own name during the marriage shall be presumed to be the special property of the nominal owner. Thus, in order to reverse such presumption, the other spouse shall actually bear the price for the pertinent real estate and prove that he/she has acquired it in order to possess it in substance. In this case, the mere fact that the other spouse is the source of the purchase fund does not simply reverse the presumption of an unconditional property and that there was a title trust on the pertinent real estate by considering all the circumstances revealed through the relevant evidence, it shall be determined whether the other spouse bears the price for the said real estate individually and specifically, and in particular, if it is difficult to recognize such fact by other evidence, the other spouse, other than the nominal owner, purchases the fund.