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(영문) 서울동부지방법원 2015.02.10 2014가합3045
부당이득금반환
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 married on October 26, 1979. On January 2, 2009, the Defendant reported a divorce to Songpa-gu Seoul Special Metropolitan City on the ground that the divorce mediation was established on November 13, 2008 in the case of divorce and consolation money (hereinafter “instant divorce lawsuit”).

B. Meanwhile, on the other hand, on April 2, 1997, the Defendant’s share of 100.8/151.3 square meters in Songpa-gu Seoul, Songpa-gu, Seoul, 151.3 square meters, and on the 1 and 2 floors inside the cooperative house with double brick brick structure and roof on the above ground (hereinafter “each real estate of this case”). The same year is applicable to each real estate of this case.

2. 4. Each registration of transfer of ownership based on sale was completed, and thereafter, on November 3, 2009, each of the instant real estate was completed, Nonparty D in the future.

8.11. The transfer registration of the defendant's entire share was completed on the grounds of sale.

C. In addition, the defendant completed the registration of cancellation as follows, each of the instant real estate as joint collateral.

The registration of cancellation of the creation shall be cancelled on April 26, 2006, the establishment of the entire amount of the right to collateral security on April 26, 2006, when the registration of establishment of the mortgage was cancelled on April 26, 2006, and the entire amount of the right to the right to the right to the right and the right to the right and the other separate grounds for registration (registration as of May 21, 1997), and on April 20, 2006, when the establishment of the mortgage was cancelled on April 26, 2006 (registration as of April 26, 2006), which was transferred to the defendant-mortgage Co.,, Ltd., Ltd., the debtor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

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