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(영문) 대전지방법원홍성지원 2014.02.04 2013가단2788
소유권이전등기 등
Text

The claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The plaintiff and the defendant reported their marriage on August 8, 2002.

B. The Plaintiff shall have jurisdiction over the management of the benefits received while married with the Defendant.

C. On September 2, 2006, the Plaintiff and the Defendant concluded a sales contract to purchase 1/4 shares of each of the 2,374 square meters (hereinafter “instant land”) from Boan-si, Boan-si (hereinafter “the instant land”). On September 2, 2006, the Plaintiff and the Defendant concluded a sales contract to purchase each of the said shares of KRW 115,00,000, and completed each of the said shares transfer registration in accordance with Boan District Court Order 23948 received on September 22, 2006.

On February 13, 2013, the Daejeon District Court 2012Reconciliation57 decided to recommend reconciliation between the Plaintiff and the Defendant to the effect that the Plaintiff and the Defendant are divorced.

[Grounds for recognition] The plaintiff's assertion as to the claim for ownership transfer registration based on the cancellation of title trust based on the judgment on the ground of Gap's statement as to the ground of claim in Gap's evidence, the entire argument, and the purport of the argument, that the plaintiff purchased 2/4 shares out of the land of this case, and acquired the secured debt of the right to collateral security established on the land of this case. The plaintiff disposed of the apartment donated from his father before marriage with the defendant, and prepared and paid the purchase funds with the money borrowed from our bank as the money borrowed from the company working for the plaintiff. The plaintiff purchased 2/4 shares out of the land of this case with the plaintiff's funds, but concluded a title trust agreement with the defendant for 1/4 shares out of the land of this case, and completed the ownership transfer registration as to the above 1/4 shares in the name of the defendant. Since the plaintiff expressed his intention to terminate the above title trust agreement, the defendant is obligated to implement the ownership transfer registration procedure due to the termination of title trust as to the above 1/4 shares

Judgment

Real estate acquired in the name of one spouse during the marriage pursuant to Article 830(1) of the Civil Act, shall be the special property of the nominal owner.

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