(영문) 의정부지방법원 2018.10.24 2017가단12394

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(영문) 의정부지방법원 2018.10.24 2017가단12394

소유권이전등기말소등기절차 이행

Text

1. The plaintiff's primary claim, the first preliminary claim and the second preliminary claim are all dismissed;

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 11, 1974, C’s acquisition of ownership and creation of a mortgage on each real estate listed in the separate sheet, with respect to the real estate listed in paragraph (1) of the separate sheet (hereinafter “instant real estate”) on October 11, 1974, C completed the registration of transfer of ownership with respect to each real estate listed in paragraph (2) of the separate sheet on June 17, 1983 (hereinafter “instant real estate”).

On the other hand, on June 30, 2008, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage in the name of our bank”) consisting of the maximum debt amount of KRW 550 million on June 30, 2008, the debtor D and the mortgagee Co., Ltd. (hereinafter “mortgage”) was completed.

B. 1) The Defendant and C married on December 12, 1988, and C filed a divorce lawsuit against the Defendant on November 28, 1997, but voluntarily withdrawn the said lawsuit on October 2, 1998 (Seoul Family Court 97d97421) C, from around 2009, brought a lawsuit for divorce, etc. with the Defendant (the Seoul Family Court 2009dhap11907), and the Defendant also brought a lawsuit for divorce, etc. against the Defendant C (the Seoul Family Court 2009dhap 1914). On December 29, 2010, the conciliation was established between C and the Defendant.

3) C was living together with other women from March 19, 2014. However, C and the Defendant were the divorce agreement on May 14, 2014 (hereinafter “Divorce agreement as of May 14, 2014”).

and the main contents thereof are as follows:

The instant divorce agreement was concluded between the Defendant and C on May 14, 2014.

1. C and the defendant are legally married couple, and they are aware that the economic difficulties of families have increased due to the operation of the C's business, and the conflict between husband and wife has deepened, leading to a situation in which marriage cannot continue.

2. C. The Defendant agrees to divorce as soon as possible after the conclusion of this Agreement.

3.The preceding causes of the C shall be attributable to C.

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