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(영문) 대구지방법원상주지원 2015.05.27 2014가단4261
소유권이전등기 말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff filed a lawsuit seeking divorce and division of property against the Defendant as the Daegu Family Court 2013Ddan23824 on November 26, 2013, and the Defendant also filed a counterclaim seeking divorce and division of property against the Plaintiff under the same court 2014ddan1098 on January 22, 2014.

(hereinafter, the above principal lawsuit and counterclaim together are referred to as the “instant divorce lawsuit”). B.

On June 30, 2014, the Plaintiff and the Defendant agreed on the conciliation clause (hereinafter “instant conciliation clause”) which includes the following matters at the date of conciliation of the instant divorce lawsuit, and thereby, the instant divorce lawsuit was concluded.

1. The plaintiff and the defendant are divorced.

2. The plaintiff and the defendant are to divide the property as follows.

The defendant shall implement the registration of transfer of ownership to his/her child D by July 18, 2014.

All the expenses incurred in the above registration procedure shall be borne by the defendant.

B. Other active properties in the name of the Plaintiff are owned by the Plaintiff, and active properties in the name of the Defendant are individually owned by the Defendant, and the Plaintiff’s passive properties in the name of the Plaintiff shall be borne by the Defendant respectively.

3. The Plaintiff does not demand the Defendant’s return of the above real estate, the title of which was transferred to his child D, for any reason in the future.

C. The Defendant: (a) filed a registration for ownership transfer from the Defendant to D; and (b) filed a registration for ownership transfer to the Defendant; and (c) on July 9, 2014, the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) However, on July 17, 2014, D has completed the procedure for the transfer of ownership on the ground of donation to D, who is one of its own children, on the ground of donation.

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