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(영문) 대전고등법원 2015.12.02 2014나3939
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are legally married couple who completed the marriage report on October 10, 1987. 2) The Plaintiff filed a divorce lawsuit against the Defendant under the Daejeon Family Court 2012Dhap1026, but the said court rendered a judgment dismissing the Plaintiff’s claim on November 20, 2013 on the ground that there is no ground for divorce (a bad faith or marital failure) asserted by the Plaintiff.

In this regard, the Plaintiff appealed (Seoul High Court 2014Reu13), but the appellate court rendered a judgment dismissing the Plaintiff’s appeal on January 14, 2015, despite the failure of marriage, on the grounds that the Plaintiff is the responsible spouse. The final appeal is currently pending (Supreme Court 2015Meu500) due to the Plaintiff’s appeal.

B. On May 2002, the Plaintiff entered into a sales contract for the instant real estate and the ownership transfer registration 1) with respect to the real estate in Sejong Special Self-Governing City C, 1,667 square meters (hereinafter “land before subdivision”) before subdivision from pro-Japanese E.

(2) On May 28, 2002, the Plaintiff and the Defendant agreed to purchase the land before subdivision, and the Plaintiff and the Defendant decided to purchase it.) On May 28, 2002, at the real estate agent office located in company with the Defendant and the Plaintiff, the Defendant, the buyer, purchased the land before subdivision from D with the seller’s KRW 180,00,000,000, out of the purchase price, and the sales contract was concluded to substitute the buyer’s acquisition of the obligation for the loans to the New Cooperatives, which was secured by the land before subdivision, in lieu of the buyer’s acquisition.

(D) On May 29, 2002, the Plaintiff, and the Defendant, on the same day, paid 80 million won for loans to the New Fuls Union, and 100 million won for the remainder of the sales to D, respectively, in the sales contract written at the time of D’s request. 3 The Plaintiff, and the Defendant, on the same day, borrowed 20 million won from E to the account held in their names of their children and children.

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