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(영문) 제주지방법원 2018.09.18 2018가단55755
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Basic facts

A. On November 4, 2015, the Plaintiff completed the registration of ownership transfer for the instant land based on inheritance by consultation and division, and completed the registration of ownership transfer based on the gift to Defendant B on December 24, 2015.

(Plaintiff and Defendant B prepared a donation contract on the instant land on December 17, 2015). (B)

On March 14, 2016, Defendant B completed the registration of creation of a mortgage over the instant land with the maximum debt amount of KRW 300 million to Defendant C, who is the mother of the instant land.

C. On June 15, 2010, the Plaintiff married with Defendant B, but divorced on July 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted to the effect that “The ownership registration of the instant land was transferred to Defendant B according to the title trust agreement with Defendant B, and thus the said title trust agreement is terminated by the delivery of a duplicate of the complaint of this case,” while Defendant B asserts that “The instant lawsuit is unlawful in violation of the subordinate agreement.” According to the purport of the written evidence No. 2 and the entire pleadings, the Plaintiff and Defendant B, as seen earlier, transferred the ownership registration of the instant land to Defendant B on March 31, 2016, after it transferred the ownership registration of the instant land to Defendant B, made an agreement with Defendant B on March 31, 2016, taking into account the following: (a) the Plaintiff renounced the right to the instant housing and land, and promised to not claim property rights to B under any pretext, such as division of property.”

The above agreement between the plaintiff and the defendant B is included in the land of this case where "the plaintiff acquired or transferred the title of ownership by the defendant B until the time it included the land of this case."

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