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(영문) 울산지방법원 2015.12.18 2015가단55211

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on March 6, 1991, and have children C and D.

B. On November 2, 1995, the Plaintiff and the Defendant purchased Yangsan-si E Apartment 107 Dong 1501 (hereinafter “E apartment”).

C. On March 1993, the Plaintiff started funeral services in the “G” operated by the wife Triri Village F with materials, and thereafter, upon the Defendant’s request, lent the name of “G” to F. However, due to the said company’s tax delinquency, the public auction procedure for the E apartment was commenced.

Since then F's aid, the defendant purchased E apartment in the public sale process on March 20, 1998 in the name of the defendant. D.

From around 1997, the Defendant served as an insurance solicitor of Samsung Life Insurance Co., Ltd., and transferred the same to “Saws Co., Ltd.,” which is a general insurance company, and work in Korea, as a multi-level company, and the Defendant received wages of KRW 5 million per month from the time when the insurance company works in the insurance company.

E. The Plaintiff and the Defendant sold E Apartment at KRW 57 million around January 20, 2007.

F. On April 28, 2008, the Defendant completed the registration of ownership transfer for the real estate listed in the [Attachment List (hereinafter “instant apartment”) on April 11, 2008. At the time, the sale price of the instant apartment is KRW 119 million.

G. The Defendant offered the apartment of this case as security, and paid the above apartment sales price by adding the amount of KRW 57 million, the Defendant’s money of KRW 30 million, and KRW 40 million loaned from Samsung Life Insurance Co., Ltd. to KRW 40 million.

H. On February 2014, the Plaintiff and the Defendant did not notify the Plaintiff of the fact that they received additional loans as security, and thereafter, the Defendant lives in different places.

I. The Defendant, on August 14, 2014, divorced against the Plaintiff by this Court No. 2014ddan7988.