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(영문) 대전지방법원 2018.11.21 2018가단208236
소유권이전등기
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,750,000, as well as 5% per annum from April 24, 2018 to November 21, 2018; and

Reasons

1. Basic facts

A. The Plaintiff and the Defendant married on July 24, 2009, but divorced by filing a report of divorce on June 7, 2017.

B. The Defendant completed each registration of ownership transfer from Cheongju District Court, Seoju District Court on January 2, 2012, 201, with respect to the land of 1,750 square meters and D 45 square meters (hereinafter “each of the instant lands”) and E, E, 3,498 square meters, and F 5 square meters for sale on December 8, 2011, from Cheongju District Court, the owner, for the reason of the sale on December 8, 2011, with respect to the land of 224 square meters and 385 square meters for H Jeonju District and 224 square meters for 385 square meters for the said sale on December 27, 2011.

C. On March 9, 2010, the Plaintiff donated the amount of 66m2, 496m2, and 26m2, which was owned by the Plaintiff, to the Defendant on March 9, 201. On October 18, 2011, the Defendant, with each of the said real estate as joint collateral, set up a mortgage worth of 48m2, which is a maximum debt amount, and was loaned KRW 30 million from the said NE.

On April 2012, the Plaintiff listened to the horses that the Defendant’s husband and wife should raise the deposit money for lease in order to lease a house in Seoul, after graduating from the Defendant’s University, and paid KRW 25 million to the Defendant around that time.

E. On the other hand, on May 17, 2017, prior to filing a report of divorce, the Plaintiff and the Defendant entered into a gift agreement (hereinafter “instant gift agreement”) with the Plaintiff on the following: (a) on May 17, 2017, the Defendant entered into a donation agreement with the Plaintiff: (b) the Plaintiff: (c) 3,498 square meters; (d) 5 square meters; (e) 224 square meters prior to H; and (e) 385 square meters (hereinafter “each of the instant gift agreements”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 2 and 5 (including each number), the purport of the whole pleadings

2. Determination on the claim for ownership transfer registration based on the property division agreement

A. On May 1, 2017, the Plaintiff agreed to divorce with the Defendant on May 1, 2017, and agreed that each of the instant land and each of the instant gift land will be owned by the Plaintiff.

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