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(영문) 서울북부지방법원 2017.10.26 2015가합22735

소유권이전등기말소등 청구의 소

Text

1. On April 14, 201, Defendant B had the Seoul Northern District Court’s Northern Registry on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the legal spouse who reported the marriage on December 14, 200 with Defendant C, and D (E) is the children of the Plaintiff and Defendant C.

B. On April 200, 200, the Plaintiff owned the land and its ground, building, and the Gran-gu Seoul Jung-gu G apartment shopping mall H (hereinafter “H”), which was around 3,000, the Defendant C, and resided in the Seoul Jung-gu I Residential Housing J (the deposit amount of KRW 35 million).

C. On May 200, the Plaintiff, who started living with Defendant C, was living in K Apartment L in Seoul Special Metropolitan City, Nowon-gu, which was purchased under the name of Defendant C, and purchased the real estate listed in the separate sheet (hereinafter “M apartment”) on June 2001 in the name of the Plaintiff, and thereafter lived with Defendant C and AD in the instant M apartment from around that time. On August 2002, 200, the Plaintiff purchased the Plaintiff’s O apartment P apartment (hereinafter “O apartment”) under the name of each of the Plaintiff.

From November 1, 1993 to May 201, 2010, the Plaintiff: (a) operated a beauty art room in the trade name “ Q” from the above G apartment building H or N; and (b) obtained income from lectures at the RU; and (c) on May 31, 2010, the Plaintiff was living in a beauty art room in Japan, along with RUD, at that place.

E. On March 22, 2012, Defendant C, who was residing in Japan, filed a divorce lawsuit against the Plaintiff with the Seoul Family Court (Seoul Family Court 2012ddan227) on the ground that the contact between the Plaintiff and the Plaintiff was interrupted, and on May 24, 2012, the said court’s decision of recommending reconciliation (hereinafter “the divorce between Defendant C and the Plaintiff”) served on the Defendant C, who was the buyer of the Defendant C, in the instant M apartment, and became final and conclusive on June 13, 2012, the Plaintiff filed a divorce report with the Plaintiff on June 18, 2012, and thereafter reported the marriage with the Defendant B.

F. Meanwhile, on April 8, 2011, Defendant C on behalf of the Plaintiff, on the part of the Plaintiff, with Defendant B, KRW 240 million as the purchase price for the instant M apartment, and the date of completion of the sale. < Amended by Act No. 11735, Apr. 2, 2013>