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(영문) 전주지방법원 2016.08.05 2015가단38974
오미자소유권확인
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 were legally married couple who completed the marriage report on December 24, 1969. However, the Defendant filed a lawsuit against the Plaintiff for divorce and consolation money, etc. with the Southern District Court Branch of 2014Ddan30010, and on October 28, 2015, the Plaintiff and the Defendant divorced with the Plaintiff on October 28, 2015, and the Plaintiff paid consolation money to the Defendant as KRW 30 million, a property division of KRW 30,000,000, and damages for delay thereof, which became final and conclusive around that time.

B. The Plaintiff paid a total of KRW 60,000,000 to the Defendant according to the above judgment. Of them, KRW 10,000,000 was paid to the Defendant as a check, and on the remainder of KRW 50,000,000, the Plaintiff agreed on November 19, 2015 to substitute the transfer of ownership to the Defendant with respect to the land of seven parcels, including the land of Jeonbuk-gun, which was owned by the Plaintiff (hereinafter “instant agreement”).

C. According to the instant agreement, the Plaintiff completed the registration procedure for transfer of ownership on the ground of sale on November 19, 2015, with the head of the Jeonju District Court No. 7333, Dec. 7, 2015, with respect to the land of this case (hereinafter “instant land”).

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. At the time of the agreement of this case, the Plaintiff did not agree to transfer only the ownership of the instant land at the time of the agreement of this case, but also to transfer the ownership of the Oral Ba tree on its ground. The Defendant disputing this, and sought a judgment on the purport that the said Oral Ba tree is owned by the Plaintiff.

B. Therefore, it is not sufficient to recognize that the Plaintiff agreed to transfer only the ownership of the instant land without reserving the ownership of the instant land at the time of the instant agreement solely on the basis of the descriptions of evidence Nos. 2 and 3.

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