beta
(영문) 인천지방법원 2018.07.17 2017가단251075

소유권이전등기 말소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the non-party C are legal couple who reported their marriage on October 16, 2007, and the defendant is C's child.

B. On April 25, 2011, C concluded a sales contract with the non-party corporation, the non-party corporation, for the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer in its own name on May 23, 2013.

C. On August 31, 2017, the Plaintiff filed an application for provisional disposition prohibiting the disposal of the instant real estate with respect to the right to claim division of property based on divorce as the preserved right by the Incheon Family Court 2017 businesshap15.

On the other hand, on September 20, 2017, C concluded a sales contract with the Defendant for the instant real estate purchase price of 360,000,000, and on September 28, 2017, C completed the registration of ownership transfer with regard to the said real estate in the name of the Defendant.

E. On December 1, 2017, the Plaintiff filed a lawsuit against C for a claim for divorce, etc. with the Incheon District Court 2017Dhap11510, and is currently pending in the lawsuit.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1, 2, 4-2, 6 through 8-8, and purport of whole pleadings]

2. The sales contract between C and the defendant with respect to the real estate in this case, which is a summary of the cause of the Plaintiff’s claim, is null and void since it is aimed at evading the Plaintiff’s right to claim division of property. Therefore, the registration

In order to preserve the right to claim division of property against C, the Plaintiff may request the Defendant to cancel the registration of transfer of ownership on the instant real estate in subrogation of C.

3. The right to claim the division of property due to the divorce by the divorce is not only derived from the legal effect of the divorce at the time when one of the parties to the divorce has established, but also from the agreement or judgment.