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(영문) 대구지방법원서부지원 2020.05.14 2019가단63901
가등기말소등기등 청구의 소
Text

1. The defendant shall assist the plaintiff with a branch court of Daegu District Court with respect to the share of 1/2 of the real estate stated in the attached list.

Reasons

1. Basic facts

A. On February 14, 2011, the Plaintiff completed the report of marriage with the Defendant. Around March 30, 2016, the Plaintiff drafted the following contract (see evidence 2) with the intention to divorce between the agreement and the agreement.

CD CD AB

B. In addition, the Plaintiff completed the provisional registration of the right to claim partial transfer of ownership (hereinafter “the provisional registration of this case”) on April 12, 2016 by the 3590 senior registry office, which received on April 5, 2016, with respect to the portion of 1/2 of the real estate stated in the attached list as to the Defendant as to the portion of 1/2 shares in the attached list.

C. After that, the plaintiff and the defendant paid KRW 40,000,000 to the defendant and agreed to cancel the provisional registration of this case where the defendant received the above money.

(hereinafter “instant agreement”). D.

Accordingly, the Plaintiff remitted to the Defendant KRW 20,000,000 on February 27, 2017, and KRW 20,000,000 on March 27, 2017.

In addition, on March 27, 2017, the Plaintiff and the Defendant confirmed their intention to divorce and completed the agreement divorce report by the Daegu Family Court.

E. Even after the completion of the report of divorce by agreement, the Defendant resided in the real estate listed in the separate sheet and left the place of residence around May 19, 2017, and had household tools on the real estate at the time.

F. On March 13, 2018, the Plaintiff lodged a summary order of KRW 3,00,000 to the Defendant with the Seo-gu District Court Branch Decision 2018 High School Branch Decision 2018 High School Branch Decision 2017 High School Decision 200,000, which became final and conclusive around that time.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 13, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. As seen earlier, the Plaintiff paid 40,000,000 won to the Defendant. As such, the Defendant is obligated to implement the procedure for registration of cancellation of the provisional registration of this case to the Plaintiff according to the instant agreement. 2) Accordingly, the Defendant is divorced with the Plaintiff.

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