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(영문) 울산지방법원 2014.10.17 2012가단35254
소유권이전등기
Text

1. The defendant is on the ground of the contract for donation of Sep. 29, 2009 with respect to the amount of 486 square meters in Ulsan-gu, Ulsan-gu.

Reasons

1. According to the facts that there is no dispute as to the cause of the primary claim, Gap evidence Nos. 2-1, 2, 4, and 5, and the purport of the entire pleadings, the defendant completed the registration of transfer of ownership on the ground of "sale on December 15, 2006, Ulsan-gu, Ulsan-gu, Seoul 486§³ (hereinafter "the land of this case")" with respect to "sale on September 29, 2006," and the defendant donated the land of this case to the plaintiff between the plaintiff on September 29, 2009.

“The fact that the gift contract was concluded to the effect (hereinafter “the gift contract of this case”) is recognized, and there is no other evidence to acknowledge otherwise.

According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff according to the gift contract of this case, unless there are special circumstances.

2. As to the defendant's major argument

A. Defendant’s assertion (1) The Defendant acquired the instant land while married with the Plaintiff, provided the instant land as security, and received a loan under the name of the Defendant, and paid the purchase price of the instant land.

(2) The Plaintiff did not accept the loan and interest obligation at the time of the instant donation agreement, even though it agreed to accept the loan and interest obligation.

(3) The lawsuit for division of property between the Plaintiff and the Defendant is pending.

(4) For the foregoing reasons, the defendant cannot respond to the plaintiff's request.

B. In light of the fact-finding, Gap evidence 2-1, Gap evidence 3-8, Eul evidence 6-6, Eul evidence 1-6, Eul-1-6, and the fact-finding results on the Ulsan District Branch of Daegu Bank, the plaintiff and the defendant married on March 13, 2002, the defendant was in office as a public educational official at the time of the completion of the registration of ownership transfer on the land of this case, and 3750 million won for the land of this case after the above registration of ownership transfer, the defendant was in office as a public educational official at the time of the completion of the registration of ownership transfer, and 30 million won for the land of this case.

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