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(영문) 인천지방법원부천지원 2017.10.20 2016가단120320

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on June 16, 2015. However, on February 1, 2017, the Incheon Family Court rendered a divorce judgment with respect to the Plaintiff and the Defendant (the principal lawsuit, 2016 Worlds, 104541, 2016 Worlds 1215 (Counterclaim)) and the said judgment became final and conclusive around that time.

B. As to the real estate listed in the separate sheet (hereinafter “instant apartment”), the Plaintiff completed the registration of transfer of ownership (hereinafter “instant registration”) on August 5, 2015, under Article 70922, which received on August 6, 2015 from the Incheon District Court Branch of Seocheon-gu Kimpo-si, Kimpo-si, Incheon District Court (hereinafter “instant apartment”) with respect to the Defendant as to the real estate owned by the Plaintiff.

C. On January 14, 2016, the Plaintiff and the Defendant leased the instant apartment to Nonparty C, as a joint lessor, KRW 260,000,000, and the term of lease from March 2, 2016 to March 1, 2018 (hereinafter “instant lease”). C paid KRW 100,000,000 out of the instant lease deposit to the Defendant in accordance with the special terms and conditions of the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the registration of this case was completed by the title trust, and that the registration of this case was terminated by the delivery of a copy of the complaint of this case, and that the registration of this case is cancelled by the service of the copy of the complaint of this case. In addition, the Defendant asserted that the Defendant’s receipt of KRW 100,000 out of the lease deposit of this case constitutes unjust enrichment in relation to the Plaintiff and thus,

B. Determination 1) According to Gap evidence Nos. 2 through 5, 7, and 8 (including the provisional number) as to the claim for cancellation registration, the plaintiff acquired ownership of the apartment of this case on August 25, 2014 with its own funds, the plaintiff paid public charges, etc. on the apartment of this case after the registration of this case, and at the time of the lease contract of this case.