1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Under the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the judgment of the first instance shall be quoted in the basic facts and the Plaintiff’

2. The judgment of this Court

A. In order to reverse such presumption, the real estate acquired by one spouse under the sole name of the married couple under Article 830(1) of the Civil Act shall be presumed to be the unique property of the nominal owner. Therefore, in order to reverse such presumption, the other spouse shall bear the actual cost of the real estate in question and prove that the other spouse acquired the real estate in question in order to own

At this time, the mere fact that the other spouse is the source of the purchase fund does not necessarily mean that there was a title trust on the pertinent real estate by changing the presumption of an unconditional property and not by considering all the circumstances revealed through the relevant evidence. In particular, in a case where it is difficult to recognize such facts by other evidence, it is difficult to deem that a title trust existed solely on the ground that the other spouse is the source of the purchase fund, not the nominal owner, by considering all the circumstances revealed by the relevant evidence.

(See Supreme Court Decision 2013Da49572 Decided October 31, 2013). The foregoing holding is as follows: (i) Any property acquired by one of the married couple under the name of the married couple pursuant to Article 830(1) of the Civil Act shall be presumed to be the special property of the nominal owner; and (ii) such presumption is presumed to be the special property of the nominal owner; and (iii) the other spouse

It shall not be reversed solely on the fact that there has been any objection prescribed by this Ordinance.

(2) Where one side bears the whole or part of the funds acquired in order to substantially own the property in the name of the husband or wife, the presumption of a special property shall be reversed, and an explicit and implied title trust relation or price therefor shall be borne by the other party.