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(영문) 서울북부지방법원 2019.11.27 2018가단111837

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts ① Defendant’s husband D, Plaintiff A lent KRW 150 million on July 27, 2006, KRW 150 million on November 13, 2006, and KRW 300 million on November 13, 2006. Plaintiff B lent KRW 400 million on June 2006.

D, on November 6, 2015, at the same place, the plaintiffs were made up for the plaintiff A a written statement of performance that the sum of the dividends, interest, etc. for about nine (300 million won in the borrowed principal; the sum of about nine (400 million won in the borrowed principal; and the sum of the dividends, interest, etc. for about nine (9) years in the borrowed principal and KRW 800 million in the aggregate for nine (9) years from December 31, 2015 to 12 (12).

② The Plaintiffs filed a lawsuit against the Defendant’s husband D as this Court 2017Gahap23817, and this Court rendered a judgment on January 18, 2018 that “D shall pay to the Plaintiff KRW 60 million, KRW 800 million to Plaintiff B, and KRW 5% per annum from January 1, 2017 to May 12, 2017, and KRW 15% per annum from the next day to the date of full payment,” and the said judgment was finalized on February 7, 2018.

③ Around May 2, 2001, the Defendant purchased the Dongdaemun-gu Seoul Dongdaemun-gu E large 185 square meters (hereinafter “instant land”) and acquired the ownership of the instant land by completing the registration of ownership transfer on May 30, 201.

④ The Defendant obtained a building permit on August 17, 201, with the content of constructing the building of the 1st and 5th floor above the instant land. On August 24, 2001, the Defendant reported the commencement of construction on August 24, 2001. On April 27, 2005, the Defendant obtained approval for use for multi-household housing of reinforced concrete structure with the total floor area of 526.80 square meters above the instant land.

The defendant completed the registration of initial ownership on May 17, 2005 with respect to the remainder of each building of this case, other than the Fho Lake.

⑤ The Defendant extended part of five stories and six stories of 61.26§³ among each of the instant buildings, and completed registration of ownership preservation on February 3, 2016 regarding Fho Lake.

(6) D shall purchase a building of 205 square meters in Dongdaemun-gu Seoul Metropolitan Government on November 2, 1986, and the registration of ownership transfer on June 16, 1992.