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(영문) 수원지방법원성남지원 2016.01.27 2014가단7673

재산분할을원인으로한 소유권이전등기인수

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On February 25, 2002, the registration of ownership transfer was completed on March 8, 2002 on the real estate listed in the separate sheet (hereinafter “instant building”).

B. The plaintiff was present at the preparatory date for pleading ( September 16, 2003) of the case of unjust enrichment No. 2002Gadan74205 (the claim equivalent to rent against the owner of an aggregate building, including the plaintiff, etc., who is the site owner of the building in this case) in Incheon District Court Decision 2002GaGa74205 (the claim corresponding to rent against the owner of an aggregate building in this case) and between C and C, the plaintiff paid 950,000 won to C by November 16, 2003 and each year from October 1,

9. The conciliation was concluded with 30.648,00 won paid.

C. On November 21, 2003, the Plaintiff entered into a lease contract (from November 30, 2003 to November 30, 2005) with respect to the building of this case with D on November 21, 2003, and completed the registration of establishment of chonsegwon on December 5, 2003 due to the contract to lease on a deposit basis on a deposit basis.

On the other hand, on January 14, 2015, the Plaintiff transferred the key to the instant building from D.

The Plaintiff paid the property tax, etc. on the building of this case.

E. The Plaintiff and the Defendant were married on December 12, 2005, but the agreement was married on December 28, 2010.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 5 evidence, Eul 2 through 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is that the defendant acquired the building of this case from E (E account to 7 million won withdrawal from February 18, 2002) at the auction procedure, and acquired the building of this case at the auction procedure, and was awarded a successful bid by participating in the auction procedure in the plaintiff's name, which was a bridge on the premise of marriage, under the premise of marriage.

(Successful Bidder 7.3 million won. Adjustment with the above C, lease contract with D, lease on a deposit basis, establishment of a right to lease on a deposit basis, payment of taxes, etc. was conducted under the defendant's decision and decision, and only the plaintiff cooperates as the

The defendant at the time of divorce shall register the ownership of the building of this case by the end of 2012.