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(영문) 창원지방법원통영지원 2016.02.02 2014가단7697
소유권이전등록
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The defendant (Counterclaim plaintiff) B's counterclaim is dismissed.

3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 8, 2011, the Plaintiff agreed on the divorce, division of property, etc. on the date of mediation of the case in the Changwon District Court Branch of 2011ddan1248 (main office) and 201ddan 1682 (Counterclaim). The main contents of the fishing vessel listed in the attached Table (hereinafter “instant vessel”) in which the Plaintiff used for fishing, but completed transfer of ownership in the name of D, among the conciliation provisions, while the marital life was continued, are as follows.

2.(a)

(1) The Plaintiff shall pay KRW 135 million to D, and among which KRW 50 million shall be paid KRW 50 million until December 31, 2011, and KRW 50 million until January 31, 201, and KRW 35 million until February 29, 2012, respectively.

The Plaintiff shall change the name of the debtor of the right to collateral security established with respect to the instant vessel in the name of the Plaintiff or a third party until February 29, 2012.

3. The plaintiff 2-A

(1) if the obligations under subsection (1) are all met by the scheduled date;

A. D performed the registration procedure for change of ownership due to the division of property on September 8, 201 with respect to the instant vessel by February 29, 2012 to the Plaintiff by September 8, 2011;

B. The above 3-A

The property under D and the Plaintiff’s name (including small property, such as debt, etc.) dated September 8, 201 confirms that the property belongs to the title holder as of September 8, 2011, respectively, except for paragraph D and the Plaintiff’s own name;

C. Each party waives his/her property claim, regardless of the pretext, such as consolation money and division of property, due to divorce between D and the Plaintiff, and does not claim its performance against the other party in the future.

B. From April 2012, the Plaintiff was in de facto marital or internal relations with Defendant B while living in Defendant B, and was under circumstances where it is difficult for the Plaintiff to open his account in his name as a bad credit holder, making a financial transaction by using Defendant B’s account after the failure of marriage with D. On January 3, 2012.

The amount of KRW 50 million, out of the money following the conciliation described in the paragraph, shall be registered in the name of the plaintiff.

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