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(영문) 제주지방법원 2021.01.18 2019가단58805
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the plaintiff, the defendant, and C (1) C is the defendant's words.

(2) From around 2002, C lived with the Plaintiff after around 2005, and reported the marriage with the Defendant on April 16, 2010.

(3) The Plaintiff and C resided in the house located in Seoul at KRW 7 million after the lease deposit. From January 1, 2011 to January 2012, 201, the Plaintiff and C entered into a lease contract with KRW 7 million for the lease deposit from the second floor of D detached Housing to January 2012.

The above lease contract was concluded in the name of the defendant, and the mortgagee of the right to collateral security for the deposit was established in the name of the defendant.

(4) From February 2012, the Plaintiff and C entered into a lease agreement with the Defendant, which leases F apartment and G from the lessor E to the lease deposit of KRW 45 million (part of the lease deposit of KRW 45 million) from the lessor E, and resided therein.

The remaining deposit was kept in the bank separately.

B. (1) On December 15, 2013, H entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 18 million in the purchase price.

At the same time, both the plaintiff and the defendant attended the above sales contract site.

H received 1 million won as down payment, and received 1.7 million won on the day of the contract.

(2) On January 27, 2014, the Defendant paid a balance of KRW 162 million to H, and completed the registration of transfer of ownership in the name of the Defendant regarding the instant real estate (the Defendant holds a certificate of right to registration). The instant real estate as security was loaned KRW 8 million in the name of the Defendant in the I Cooperatives.

(3) From December 23, 2017, the Plaintiff or C deposited the interest on the loans of KRW 8 million in the head of the Tong in the name of the Defendant each month by December 23, 2017.

(4) On January 19, 2018, the Plaintiff established a right to collateral security, the maximum amount of which is KRW 65 million in the name of the Plaintiff with respect to the instant real estate in the name of the J Union, and borrowed KRW 6 million. On the same day, the Plaintiff repaid the loans of KRW 8 million in the name of the Defendant.

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