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(영문) 서울동부지방법원 2019.12.19 2017가합106969

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are married married couple on June 13, 1999 and have C and D as their children.

B. As between E on December 15, 2001, the Defendant purchased from E the Songpa-gu Seoul F apartment G (hereinafter “instant F apartment”) in KRW 230,00,000 from E, and entered into a sales contract with the purchase price of KRW 87,00,000 on the contract to be submitted for the transfer of registration.

(hereinafter “instant sales contract”). C.

The defendant completed the registration of ownership transfer on December 27, 2001 with respect to the instant F apartment on December 15, 2001.

The reconstruction improvement project was carried out with respect to the instant F apartment, and the Defendant, as a member of the rearrangement project, obtained the sale of the instant new apartment, “the instant apartment,” and completed the registration of ownership preservation on February 3, 2009 with respect to the instant newly-built apartment.

E. From February 2012, the Plaintiff and the Defendant were living together in the instant newly-built apartment, and the Defendant was selected by the Defendant, along with D around September 2014, according to the movement of his residence to H in Ansan-gu in Ansan-si.

F. On February 17, 2015, the Plaintiff filed an application against the Defendant for a provisional injunction against the disposal of the real estate as the preserved right to the claim for ownership transfer registration on the ground of the termination of title trust with respect to the newly-built apartment in this case, as Seoul Eastern District Court Decision 2015Kadan768, and the Seoul East East District Court rendered a provisional injunction on March 16, 2015.

G. On June 15, 2016, the Defendant filed a lawsuit against the Plaintiff for divorce, etc. with the Seoul Family Court Decision 2016Dhap36836, and the Seoul Family Court rendered a judgment dismissing the Defendant’s claim on July 26, 2018, and the said judgment became final and conclusive around that time.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 3, Gap evidence 7 through 10, Eul evidence 1 and 2, the purport of the whole pleadings].