(영문) 수원지방법원평택지원 2020.04.10 2019가단61807

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(영문) 수원지방법원평택지원 2020.04.10 2019가단61807

채권양도절차이행 청구의 소

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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 legally married married married couple on October 2012. On May 20, 2019, the Plaintiff filed a lawsuit against the Defendant on May 20, 2019 against the Defendant, such as divorce and division of property, etc. under the Suwon Family Court Eunpyeong-gu 2019ddan21541, and the Defendant filed a counterclaim against the Plaintiff on July 29, 2019 against the Plaintiff as the same court 2019ddan2544, and currently the said lawsuit is pending.

B. On May 14, 2019, the Plaintiff transferred the right of lease (hereinafter referred to as “the right of lease of this case”) of a store in attached Form 2, which operated a mobile phone store in the name of the Plaintiff (hereinafter referred to as “instant real estate”) to the Defendant.

C. On May 14, 2019, the Plaintiff and the Defendant tried to have an agreement by attending the family court’s usual branch support on the date of confirmation of divorce, but they failed to reach the agreement on division of property, and eventually failed to reach the agreement on division of property.

[Ground of recognition] Unsatisfy, each entry of Gap 1-3 evidence (including a provisional number), and the purport of the whole pleadings

2. The assertion and judgment

A. 1) A summary of the allegation that the transfer of the right of lease of this case was made on the date of confirmation of divorce between the Defendant and the court on May 14, 2019, because the transfer of the right of lease of this case was made on the condition that the agreement was not reached, and since the Plaintiff and the Defendant did not reach a divorce, the contract for the transfer of the right of lease of this case was invalidated due to the fulfillment of the conditions of rescission. Therefore, the Defendant was obligated to deliver the instant real estate to the Plaintiff upon the fulfillment of the duty to restore back, transfer the right of lease of this case, and notify the lessor of the transfer. 2) In addition, as recognized earlier, the Plaintiff tried to attend on the date of confirmation of divorce between the Plaintiff and the court on the day when the agreement was transferred to the Defendant on May 14, 2019. However, it is insufficient to acknowledge that the transfer of the right of lease of this case

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