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(영문) 의정부지방법원 2017.02.10 2016가합52804

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 Defendant and C have married to the Plaintiff and D under the chain, and divorced around April 2010.

B. On March 3, 2011, the Defendant, C, and C agreed that each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) and the F apartment No. 1403, Dong 108, Dong 1403 (hereinafter “C-owned apartment”) located outside 1 plot of land owned by C shall be registered in the Plaintiff’s name (hereinafter “instant agreement”).

C. According to the above agreement, the defendant is among each real estate of this case to the plaintiff.

1.2. As to the real property in paragraph 2. The District Court of the Dong-ri registry office of the District Court was received on March 10, 2011 No. 5608,

3. 4. On March 9, 201, the Jung-gu District Court, Dong-ri registry office, issued a registration of the right to claim ownership transfer (hereinafter “each provisional registration of this case”), and C filed a registration of the right to claim ownership transfer transfer with the Chuncheon District Court No. 12891 on March 9, 2011 as to the apartment owned by C to the Plaintiff.

On the other hand, on November 5, 2012, the Plaintiff filed for the cancellation registration of the above provisional registration with respect to C apartment owned by C.

[Ground of recognition] Unsatisfy, Gap evidence 2, 4 (including additional number), Eul evidence 1 to 3, Eul witness C's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. After five years have passed since the Plaintiff completed a provisional registration at the time of the instant agreement and the Defendant decided to donate each of the instant real estate to the Plaintiff, the Plaintiff filed for the principal registration based on the said provisional registration.

As to this, the Defendant agreed to cancel provisional registration on March 3, 2016 after five years from the time of the instant agreement, and the Plaintiff’s assertion is groundless.

B. According to the statement in the evidence No. 1 of this case, the Defendant, the person having the right to a provisional registration, at the time of the agreement in this case, terminates a condition without any condition, five years after the date of the provisional registration contract ( March 3, 2011) ( March 3, 2016).