beta
(영문) 서울고등법원 2018.01.12 2017나2014299

가등기말소

Text

1. The defendant's appeal is dismissed.

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

3. Text 1-b of the judgment of the first instance; and

(b).

Reasons

The facts below are, without dispute between the parties, acknowledged by taking account of the overall purport of the pleadings as follows: Gap's evidence 1 to 4, 8, Eul's evidence 3, 5, and 6 (including serial numbers; hereinafter the same shall apply) and witness C of the first instance court's testimony.

[1] Upon completion of the marriage report on April 7, 1987, the plaintiff (the plaintiff's man of May 1959) and C (the women of April 1958) had the defendant (the children of November 1987) and D (the children of June 1990).

On March 25, 1988, the registration of ownership transfer has been completed for the real estate listed in Attachment No. 1 (hereinafter referred to as "G land"), and on the real estate listed in Attachment No. 2 (hereinafter referred to as "G building") on December 13, 1991, the registration of ownership transfer has been completed for the plaintiff's future.

On March 27, 1991, JJ large 1192 square meters (hereinafter “J land”) was completed for the plaintiff on March 27, 199.

On March 21, 1996, the registration of ownership transfer was completed in the name of the plaintiff with respect to each real estate listed in paragraphs (3) and (4) of [Attachment 3] on March 21, 1996.

On June 30, 200, the registration of ownership transfer was completed on the ground of gift C in the future with respect to the portion of 1/2 shares of J land.

On May 18, 2007, the provisional registration of the right to claim ownership transfer has been completed in C with respect to each one-half share of G land and buildings.

[2] On October 6, 2007, the Plaintiff drafted “each letter” (No. B) to C on October 6, 2007.

The content is not to be wind again in the future, and it is not to obtain a loan or to use a bond by finding money.

Credit card loans are also available.

One of them is to identify all the property at the time of the roadside.

And they are divorced and divorced.

The credit card was used as one million won per month, and the credit card was divorced at an excessive rate.

On December 16, 2009, the Plaintiff and C drawn up a “competing agreement” (Evidence B 2).

The contents are in the name of each person, and they are given to C with the division of property under the name of C when a provisional registration of a building was made, and the automobiles are given to the Plaintiff, and two defendants and D are mutually.