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(영문) 전주지방법원 군산지원 2017.01.13 2016가합372
가축분뇨배출시설허가권명의변경
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 married couple on March 12, 1985.

B. On March 2, 2010, the Defendant obtained permission from the following market: (a) on the ground of the 2,934.9m2 (hereinafter “instant real estate”) to install livestock excreta discharge facilities with the same contents as the attached Form on the ground of the 2,934m2 (hereinafter “instant real estate”).

C. The Plaintiff filed a divorce and a lawsuit for division of property against the Defendant as the court 2011ddan1015. On December 15, 2011, the said court rendered a divorce against the Plaintiff and the Defendant, and the Defendant rendered a judgment with respect to the instant real property among the real property in the name of the Defendant, on the implementation of the registration procedure for transfer of ownership based on division of property regarding the instant real property and part thereof, and the said judgment became final and conclusive on December 31, 201.

On February 2, 2012, the Plaintiff completed the registration of transfer of ownership under the name of the Plaintiff, which was based on the division of property on December 31, 2011.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 5, 6, and 9, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The right to permission of this case is acquired in the name of the defendant during the marriage period of the plaintiff and the defendant, and is included in the property division subject to divorce. However, it is merely an omission of the plaintiff's claim for the property division regarding the right to permission of this case at the time of divorce and the

The Plaintiff was not only fully responsible for the acquisition cost of the instant permit, but also there is no value for the instant permit itself. As the registration of transfer of ownership in the name of the Plaintiff was completed with respect to the instant real estate, which is the basis of the instant permit, based on division of property, the instant permit on livestock excreta discharge facilities on the ground of the instant real estate was reverted to the Plaintiff.

Therefore, the Defendant ought to implement the procedure for title change as to the instant permit to the Plaintiff on the ground of division of property.

B. The right to permit the instant case is in the marriage period of the Plaintiff and the Defendant.

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