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(영문) 서울중앙지방법원 2015.05.26 2014가합6577

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. The plaintiff and the defendant were married on April 22, 1980, and they were divorced on May 18, 2006.

B. As to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “each real estate of this case”), registration of preservation of ownership or registration of ownership transfer in the name of the defendant was completed as shown in the following table:

On May 23, 2008, the acquisition of ownership of each real estate listed in the separate sheet No. 30643, May 23, 2008, each of the real estate ownership transfer listed in the separate sheet No. 30643, May 20, 2003, No. 25401, April 16, 2003 [based on recognition] was not disputed, Gap Nos. 1 and 3 (including the provisional number; hereinafter the same shall apply), the purport of the whole pleadings, and the purport of the whole pleadings.

2. The gist of the plaintiff's assertion is that all of the real estate of this case acquired the plaintiff's income, and the above registration is completed in the name of the defendant solely for the plaintiff's business and convenience, and even considering the defendant's contribution, each of the real estate of this case is based on the title trust agreement with respect to one-half shares among each of the real estate of this case. Thus, the plaintiff terminates the title trust with respect to each of the above shares by the delivery of a copy of the complaint of this case, and requests

3. As to the main claim for division of property, the Defendant’s substance of the instant lawsuit is the claim for division of property, and the claim for division of property is subject to the exclusion period of two years from the date of divorce. The instant lawsuit brought after the lapse of two years from May 18, 2006, which was divorced by the Plaintiff and the Defendant, shall be deemed unlawful as having lapsed the exclusion period. Accordingly, the safety objection shall be dismissed

However, this case's lawsuit seeking the division of property following divorce and the implementation of the procedure for registration of ownership transfer based on the termination of title trust is different from the requirements for establishing the claim, the legal nature of the claim, and the limitation of the period for filing a lawsuit. Therefore, the defendant's main defense

4. As to the merits

(a) Appendix 1 List;