(영문) 서울동부지방법원 2018.05.30 2017가단13084

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(영문) 서울동부지방법원 2018.05.30 2017가단13084

소유권이전등기

Text

1. The right under a contract of gift with the burden of real estate recorded in the attached Form between the plaintiff (Appointed Party) and the defendant.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties and the Defendant are the successors of the deceased D (the deceased on June 16, 2017; hereinafter “the deceased”).

The defendant and the intervenor are legally married couple who completed the marriage report on September 16, 1999.

B. The Deceased purchased the instant real estate on June 20, 1994 and the same year.

8. 11. Completion of the registration of ownership transfer.

After that, each registration of ownership transfer was completed on March 5, 1997 under E (the sale on December 30, 1996) and on March 19, 197 under the name of the defendant (the trade on January 17, 1997 as the cause of the registration).

C. Around 2015, the Intervenor filed a lawsuit claiming divorce, division of property, etc. against the Defendant (hereinafter “instant divorce lawsuit”) with the Suwon District Court Decision 2015Ddan3118 (hereinafter “instant divorce lawsuit”).

[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Byung 2 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim against the Defendant. As to the Plaintiff’s assertion that the instant real estate was donated under the condition that the Deceased support himself/herself, and the Defendant did not fulfill his/her duty to support, the Defendant’s assertion that the portion of the instant real estate, excluding his/her share of inheritance, should be returned to the Plaintiff and the Selection

On the other hand, the independent party intervenor filed a lawsuit against the defendant for divorce and division of property against the defendant, and the plaintiff and the defendant transferred 5/6 of the real estate of this case to the plaintiff and the designated parties, and excluded them from the property division subject to the division of property, thereby undermining the plaintiff's right to the division of property. Thus, the intervenor asserts that the right or legal status may be infringed upon as a result of the lawsuit against the defendant.

3. Determination of the Plaintiff’s claim against the Defendant is made in the name of the Defendant.

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