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(영문) 서울고등법원 2019.01.16 2018나2015411
소유권이전등기
Text

1. All appeals filed by the Plaintiff and Defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B married on November 11, 1970, but agreed on November 12, 1998.

There are two children H, South-Nam, South-Nam, I, and Samnam J.

B. On March 30, 2015, the Plaintiff filed a lawsuit seeking a division of property and consolation money due to the failure of a de facto marriage following the de facto marriage resolution against Defendant B on March 30, 2015, arguing that the agreement divorce between Defendant B and Defendant B on November 12, 1998 was the largest divorce, and that the agreement maintained a de facto marriage relationship with Defendant B even after the said agreement was married. The said court dismissed both the claim for division of property and consolation money due to the de facto marriage resolution on the ground that it is not recognized as a de facto marital relationship between the Plaintiff and the Defendant. 2) The Plaintiff filed an appeal against the judgment of the first instance court as Suwon District Court 2016No573, Feb. 16, 2016, but the said appellate court dismissed the Plaintiff’s appeal on January 19, 2017.

3) On March 10, 2017, the Plaintiff filed an appeal against the said appellate judgment by Supreme Court Decision No. 2017Meu337, the Supreme Court dismissed the appeal on May 31, 2017. (c) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) including the registration of transfer of ownership in the name of the Defendants as to each of the real estate listed in the separate sheet, and the “instant real estate” by the sequences.

As mentioned below, each transfer of ownership or preservation registration has been completed in the name of the defendants as in the following table:

On June 17, 1997, the real estate subject to the ownership transfer registration of the nominal owner was divided into 70 square meters and 1 square meters in the land above the real estate after the sale on April 25, 1997.

2. Defendant B, on June 25, 1996, purchased and sold on September 25, 1996, Defendant B, Defendant B, Defendant B, and Defendant B, Defendant B, on June 25, 1996, sold on September 6, 1996.

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