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(영문) 창원지방법원 2015.06.05 2014가단20212

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. On June 20, 2007, the Plaintiff married with the Defendant, and entered C(D.)(F.F.) and G(F.F.) with his child under the supervision of the Defendant. On December 4, 2014, the Defendant filed a lawsuit of divorce, etc. against the Plaintiff on December 4, 2014, with the Changwon District Court 2014Dhap5464 (Transfer No. 2059) and pending the lawsuit.

B. On May 16, 2006, the registration of ownership transfer was completed for each transaction in the Plaintiff’s future on May 16, 2006 with respect to the land size of 2,436 square meters in GH, 1,567 square meters in GJ, 1,567 square meters in GJ, and 800 square meters in K, and the registration of ownership transfer was completed on April 16, 2013 in the Defendant’s future on April 16, 2013, respectively. On August 18, 2014, the above H real estate was each of the real estate listed in the annexed list Nos. 1, 2, and 3, and 4, the said I real estate was divided into the real estate listed in the annexed list Nos. 5, 6, and each of the real estate listed in the annexed list Nos. 7 and 8.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s respective real estate indicated in the attached list of the Plaintiff’s assertion (hereinafter “each of the instant real estate”) was a property acquired before marriage with the Defendant, and the Plaintiff, the largest shareholder of L Co., Ltd. (hereinafter “L”) had to stand a joint and several surety for L’s loan obligations, and the Plaintiff and the Defendant became aware that all of the Plaintiff’s property would be lost, and the Plaintiff held a title trust of each of the instant real estate to the Defendant, who was aware of the Plaintiff’s debt issues.

The plaintiff terminated the title trust with respect to each real estate of this case by serving the duplicate of the complaint of this case. The defendant is obligated to implement the procedure for the registration of ownership transfer with respect to each real estate of this case on the date of termination of the title trust with respect to the copy of the complaint of this case.