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(영문) 대전지방법원 2016.06.29 2015가합105883

소유권이전등기

Text

1. The defendant is based on the agreement dated January 10, 2009 with respect to the share of 1/2 of each real estate stated in the separate sheet to the plaintiff.

Reasons

Basic Facts

A. The Plaintiff and the Defendant were married couple who completed the marriage report on February 28, 1980.

B. On September 25, 2008, the Defendant filed a divorce lawsuit against the Plaintiff ( Daejeon Family Court No. 2008Dhap111).

C. On January 10, 2009, the Defendant drafted and presented a written statement of performance (Evidence A; hereinafter “instant performance statement”) with the Plaintiff on January 10, 2009, and withdraws the said lawsuit, and completed the agreement divorce report on January 15, 2009.

The plaintiff shall transfer all the building C (hereinafter referred to as the "building of this case") to the defendant at the time of racing.

- The defendant must ensure that the defendant will not participate in the business site of Y and Y in South and North Korea (hereinafter referred to as the "instant business site") by January 25, 2009, and shall withdraw it.

- After submitting documents prior to the cancellation of provisional disposition to a certified judicial scrivener, the defendant shall withdraw the divorce documents to the court.

- The Defendant will deliver the entire share of 12 parcels in the budget group F12, cancel the provisional disposition prohibition of Seo-gu Daejeon, Seo-gu, Daejeon, the provisional disposition prohibition of H 601, and cancel all real property.

- The plaintiff and the defendant must agree within one year with each other.

- The plaintiff and the defendant shall faithfully fulfill the above conditions in their respective notes, and if any cause attributable to either party occurs, they shall demand mental compensation, and if the defendant fails to comply with the promise, half of the shares of the building of this case must be given to the plaintiff.

The content of the instant performance memorandum is as follows.

E. In accordance with the above performance angle, on January 29, 2009, the Plaintiff completed the registration of ownership transfer in the future of the Defendant on the whole of the land and the 4th youth hostel building (each real estate indicated in the attached Form; hereinafter “instant real estate”) on which the instant place of business is located and the 4th youth hostel building on its ground.

F. Meanwhile, the children of the Plaintiff and the Defendant are children.