(영문) 부산지방법원동부지원 2014.12.19 2014가단14025

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(영문) 부산지방법원동부지원 2014.12.19 2014가단14025

소유권이전등기

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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 currently married couple who completed the marriage report on December 17, 1979.

B. The Plaintiff and the Defendant agreed to divorce on September 29, 2008, and concluded a donation agreement with the Plaintiff on the content of division of property, which was recorded in the attached list owned by the Defendant (hereinafter “instant real estate”) as the content of division of property, but did not actually reach a divorce report, and did not complete the registration of transfer of ownership based on donation.

C. On June 9, 2010, the Plaintiff and the Defendant agreed on the divorce and the divorce, and agreed on the division of property, the instant real estate is owned by the Plaintiff, and the Defendant drafted a divorce agreement with the Plaintiff prior to the date of confirmation of the intention of divorce, wherein the Defendant would complete the registration of ownership transfer to the Plaintiff, but also did not reach the divorce. The Defendant set the right to collateral security worth 312 million won with respect to the instant real estate on December 31, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. The plaintiff asserts that the defendant is obligated to complete the registration of ownership transfer based on the gift agreement dated September 29, 2008 to the plaintiff.

B. The consultation on the division of property refers to a consultation between the parties who already completed a divorce or between the parties who have not yet been divorced with respect to the division of property which has been achieved through mutual cooperation of both parties during the marriage. Accordingly, in a case where a consultation on the division of property is held on the premise that the parties who have not yet divorced with the agreement on divorce at the future, barring any special circumstance, it shall be deemed that conditional declaration of intention is made on the condition that a divorce is made by agreement between the parties in the future, and thus, it shall be limited to the case where a divorce is made by agreement after the consultation with the parties.

유사 판례

-대법원 1995. 10. 12. 선고 95다23156 판결

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-대법원 2000. 10. 24. 선고 99다33458 판결

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