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(영문) 수원지방법원 2017.08.23 2016가단543576
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are married couple who completed the marriage report on September 22, 2008, and have one married couple under the chain.

B. On August 11, 2016, the Defendant prepared and rendered to the Plaintiff a letter (Evidence A No. 1; hereinafter “instant letter”) stating that the real estate listed in the separate sheet (hereinafter “instant real estate”) was transferred to the Plaintiff without any condition.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 5 (including the number in case of each number), the purport of the whole pleadings is that the defendant prepared Gap evidence Nos. 1 by the plaintiff's coercion, and the whole purport of the pleadings, but as seen later, it is not sufficient to recognize the above only the descriptions and images of Eul evidence Nos. 1 through 7 (including the number in case of each number), and there is no other evidence to acknowledge it. Thus, the defendant's defense of evidence is rejected.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to implement the registration procedure for ownership transfer of the real estate of this case to the plaintiff as stipulated in the letter of this case, unless there are special circumstances.

B. Defendant’s defense 1) The Defendant asserted that the instant written statement of this case was made by the Plaintiff’s coercion that he would transfer ownership of the instant real estate during the time when he was sent to Pyeongtaek Plaintiff’s domestic violence, and that he would make a divorce by agreement. As such, the Defendant asserts that the written statement of this case would be revoked by delivery of the instant written statement of this case. According to the written statement and image of the evidence Nos. 1 through 7 (where each number is available, each statement and image including numbers), the Plaintiff was living together with the Defendant and his wife around August 22, 2016, while being under the influence of alcohol and dispute related to the divorce and the division of property following such agreement with the Defendant, the Suwon District Court 2016Da4680, Nov. 1, 2016, which was under the influence of alcohol and caused a fire by putting the oil to his ward with a fire.

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