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(영문) 수원지방법원 안산지원 2021.01.13 2020가단5822
부동산소유권이전등록절차이행
Text

1. As to each real estate listed in the separate sheet from the Plaintiff, the Defendant is due to the division of one’s own property on August 21, 2018.

Reasons

1. The Plaintiff and the Defendant are divorced from the Defendant on August 21, 2018 in the Suwon District Court Decision 2017 Dr. 34180 (principal lawsuit) and 2018 Dr. 31409 (Counterclaim).

All active property in the name of the plaintiff and the defendant (including all pensions including the national pension, and other property not supported by this lawsuit) and small property are confirmed to be reverted to each name, except as provided below, and thereby the division of the property between the plaintiff and the defendant is finalized finally.

The plaintiff shall implement the procedure for the registration of transfer of ownership, which was based on the division of property, to the defendant by August 31, 2018.

“Mediation,” etc. (hereinafter referred to as “Mediation, etc.”) was established.

Attached Form

On April 5, 2013, the registration of establishment of the right to collateral security (hereinafter “instant collateral security”) was completed, which is the maximum claim amount of KRW 195,00,000,00 for the real estate stated in the list 1 and 2, and the debtor, the Plaintiff, and the neighboring mortgagee C (hereinafter “instant collateral security”). The Defendant did not complete the registration procedure for transfer of ownership of each real estate listed in the separate sheet by August 31, 2018, and accordingly, the Plaintiff was notified of the payment of property tax of KRW 391,310 on the real estate listed in the separate sheet 1 and 3 around September 2019 (=37,890 KRW 13,420).

[Grounds for Recognition] Unsatisfy, Gap 1, 2-1, 2-2, 2-3, 3, the purport of the whole pleadings

2. Determination

A. According to the fact that the Defendant’s obligation to take over the ownership transfer registration is recognized, the Defendant is obligated to take over the registration procedure for the transfer of ownership from the Plaintiff on August 21, 2018 for each real estate listed in the separate sheet according to the instant conciliation.

B. The Defendant’s duty of compensation 1) Property tax is, in principle, liable to pay to the owner at the time of imposition. Thus, the Defendant was imposed on the Plaintiff due to the Defendant’s failure to complete the registration procedure for transfer of ownership on each real estate listed in the separate sheet by August 31, 2018 according to

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