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(영문) 대구지방법원서부지원 2015.10.08 2014가단18005
소유권이전등기절차이행
Text

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

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

Reasons

1. The plaintiff and the defendant are legal married couple who completed the marriage report on May 2, 2005. At the time, the plaintiff was married first, and the defendant was married with only one married woman.

In 2014, the plaintiff filed a divorce and a lawsuit claiming division of property against the defendant, and is still pending in the court of first instance.

On March 19, 192, the Plaintiff purchased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from 68 million won and completed the registration of ownership transfer in the name of the Plaintiff on October 25, 1993. On June 21, 2005, the time of marriage with the Defendant, the Plaintiff completed the registration of ownership transfer (hereinafter referred to as “instant registration of ownership”).

From the acquisition date of the instant real estate, the Plaintiff resided in the said real estate, and from December 2004, the Plaintiff liveded with the Defendant in the said real estate, and had been living together with the said real estate until the time when a divorce lawsuit was instituted between the Plaintiff and the Defendant after marriage.

The Plaintiff was the only real estate of the Plaintiff at the time of completing the registration of transfer of ownership of this case.

After that, on February 2010, the Plaintiff additionally acquired an officetel C 101 Dong 2107, Daegu Northern-gu, 2010. At the time, the purchase fund was prepared by the Defendant along with the Plaintiff’s retirement pay and the amount of installment savings paid by the Plaintiff, and was for the Defendant’s wife.

The defendant did not own real estate at the time of marriage, and the present real estate is the only real estate of the defendant.

At the time of completing the registration of transfer of ownership of this case to the Defendant, the Plaintiff was working in a securities company at the time of completing the registration of transfer of ownership of this case.

At present, the registration certificate concerning the real estate of this case is owned by the defendant, and the defendant pays the property tax, etc. on the real estate of this case after the registration of ownership transfer of this case is completed.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 10, and Eul evidence 1 to 5.

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