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(영문) 대구지방법원 2016.02.03 2014가단122037
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 1995, the Plaintiff married with the Defendant and her marital life was married, and the agreement was married around June 14, 2007.

There are three children of the plaintiff and the defendant.

B. At the time of the divorce between the Plaintiff and the Defendant, the Plaintiff was the person with parental authority and the career for C, and the Plaintiff had Nos. 101 and 1503 (hereinafter “D apartment”) of the Daegu Northern-gu Seoul Northern-gu Da, and agreed that the Defendant had the car parts wholesale business place operated together at the time.

C. Around June 2009, the Plaintiff sold D apartment units, and on July 7, 2009, purchased No. 106 of the G Building No. 204 Dong-dong E and F (hereinafter “instant real estate”).

On October 2012, the Plaintiff drafted an agreement to the effect that “All property will be transferred in the future of the Defendant. It will transfer the instant real estate, the instant real estate, the He, and I property to the Defendant” (hereinafter “instant agreement”) to the Defendant.

On November 5, 2012, the Plaintiff completed the registration of transfer of ownership based on the sale on the same day (hereinafter “instant transfer of ownership”) to the Defendant on the same day.

E. On January 29, 2015, the Defendant completed the registration of ownership transfer for the instant real estate to J on July 14, 2014.

The purchase price of the above sales contract is KRW 410 million.

[Ground for recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Gap evidence 3, 4, Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that the gift of the instant real estate against the Defendant is not effective due to the following circumstances, and sought payment of KRW 100 million out of the purchase price as part of the subject claim. A.

Although the plaintiff did not sell the real estate of this case to the defendant, the ground for registration was sold in the procedure of ownership transfer registration of the apartment of this case.

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