beta
(영문) 광주지방법원 2020.09.25 2020가단500056

소유권이전등기

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Although the Plaintiff and the Defendant were legally married couple who completed the marriage report on November 14, 1995, due to the Defendant’s appearance, the Plaintiff brought a lawsuit, such as divorce and consolation money, with the Gwangju Family Court 2016ddan306555, and on October 28, 2016 in the above case, the judgment was rendered to the effect that “the Plaintiff and the Defendant are divorced, and the Defendant would pay the Plaintiff consolation money with KRW 30,00,000 and delay damages.”

(hereinafter “instant divorce lawsuit”). B.

Before the instant divorce lawsuit, the Plaintiff and the Defendant shared the instant land in 1/2 shares, and the Plaintiff owned a building with a single-story neighborhood living facility on the instant land in its own name, and the Defendant owned D Apartment E (hereinafter “instant apartment”) in its own name at Jeonnam-si, but did not dispute the details of the division of property between the Plaintiff and the Defendant in the instant divorce lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the instant divorce lawsuit, the Plaintiff and the Defendant were to divide the property with respect to ① the instant land and the instant land and the instant land buildings, and ② the instant apartment was agreed to vest in the Defendant, and thus, the Defendant is obligated to implement the procedures for the registration of ownership transfer with respect to the instant land shares in accordance with the said agreement.

B. On December 3, 2014, the ownership transfer registration of the instant land in the name of the Defendant is null and void, since the Plaintiff purchased KRW 90,000,00 by adding the Plaintiff’s money and the Plaintiff’s loan from F, the former owner, and subsequently purchased KRW 90,00,00 in an interim omitted title trust. Since the Plaintiff terminated the title trust agreement with the Defendant, the Defendant is a land share.