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(영문) 전주지방법원 2017.01.20 2016가단1375
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are legally married couple who completed the marriage report on February 23, 1988. At present, the Jeonju District Court 2016Reu913, 920 (the first instance court: the Jeonju District Court 2015Ra48, 468) is under trial in an appellate trial on divorce and division of property.

(hereinafter “instant divorce suit”). B.

The owner of the real estate registration injury on each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) acquired through a successful bid during the marriage period between the Plaintiff and the Defendant is the Defendant.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 2, and the purport of the whole pleadings

2. The Defendant’s judgment on the defense prior to the merits is currently underway with the instant divorce lawsuit. Since each of the instant real estate in the instant divorce lawsuit is rendered a judgment on division of property, the instant lawsuit asserts to the effect that it is unlawful because the Plaintiff filed a duplicate lawsuit, as it is unlawful.

Therefore, the subsequent suit seeking implementation of the transfer of ownership registration on the ground of termination of title trust, and the subsequent suit seeking implementation of the claim for division of property following divorce, even if the parties are identical to the real estate subject to the same lawsuit, the subsequent suit seeking implementation of the transfer of ownership registration on the ground of termination of title trust cannot be deemed to fall under a double suit due to different requirements for establishment of each claim, legal nature, limitation of the period of filing the lawsuit, etc.

3. The plaintiff's cause of claim and judgment on the cause of claim

A. Each of the instant real estate, which is the cause of the Plaintiff’s claim, is not acquired as the joint property of the Plaintiff and the Defendant formed during the marriage life, but merely acquired as the Plaintiff’s inherent property donated from the Plaintiff’s father’s father, and is limited to the name of the Defendant, and thus constitutes a title trust. The Plaintiff’s filing of the instant lawsuit against the Defendant.

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