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(영문) 창원지방법원 2014.12.10 2014나547
소유권이전등기 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Grounds for the court’s explanation concerning this case in this case are set forth in the third-party judgment of the first instance court.

B. (1) During the first 6th period, “(6)” was used from “the Plaintiff’s registration of the establishment of the creation of the instant neighboring area” to “the removal at the request” of Section 4 to Section 8 as follows. (3)

B. The reasoning of the judgment of the court of first instance is the same with the deletion of the part “A through 8,” except for the deletion of the part in the second sentence of paragraph (2). As such, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. [In light of the Plaintiff’s assertion, it is reasonable to deem that the Plaintiff allowed the Defendant to voluntarily dispose of the instant real estate by cancelling the registration of establishment of a mortgage of this case, and there is no quid pro quo between the Defendant and the original Defendant at the time of transferring the instant money, in view of the following: (i) there is a considerable time difference between the cancellation of the registration of establishment of a mortgage of this case and the de facto marriage of the original Defendant; and (ii) there is no possibility that the Plaintiff’s demand for voluntary disposal of the instant real estate under the pretext of de facto marriage would be resolved, not the direct settlement of the Plaintiff’s demand for de facto marriage, even if the Plaintiff appears to be able to sufficiently prepare a simple form of agreement, such as the form of a fixed contract.”

2. The judgment of the court of first instance is just, and the plaintiff's appeal is without merit, and it is dismissed as per Disposition.

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