logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.31 2018나84560
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On December 2, 2004, the plaintiff (1) and the defendant (son) reported marriage on the basis of the claim.

(2) On September 28, 2010, the Defendant completed the registration of ownership transfer on each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”) based on sale. On the same day, the Defendant completed the registration of ownership transfer on the instant land as part of the maximum debt amount of KRW 200 million, the debtor, the Defendant, and the mortgagee’s association.

(3) On December 7, 2010, the Defendant completed the registration of ownership transfer based on the voluntary auction as to the building listed in Paragraph (3) of the Attached List (hereinafter “instant building”). On the same day, the Defendant completed the registration of ownership transfer based on the sale of the instant building, including the instant land and the instant building, and completed the registration of ownership transfer based on the said auction. On the same day, the registration of ownership transfer was completed with respect to the instant building as the maximum debt amount of KRW 34 million, the debtor, the Defendant, and the mortgagee E

(4) The Plaintiff and the Defendant reported the divorce on January 16, 2012, and the Plaintiff reported the marriage with C on June 3, 2016.

(5) On August 4, 2016, C: (a) purchased the instant land from the Defendant in KRW 300 million; and (b) written a sales contract (Evidence A No. 4) stating that the remainder of KRW 30 million shall be paid on the same day and paid on the same day, and the remainder of KRW 270 million shall be paid on August 22, 2016.

(6) On December 19, 2016, C filed a lawsuit against the Defendant seeking transfer of ownership of the instant land by asserting that “the instant sales contract was concluded with respect to the instant land (hereinafter “instant sales contract”) and that “a secured debt of KRW 163,017,180, which was created on the instant land, was repaid in lieu of the purchase price, and thus substituted for payment of a part of the purchase price” (this Court Decision 2016Da803537),” and “the Defendant between the Plaintiff (convenor), the Defendant and C, by March 24, 2017, shall be paid KRW 103,017,180 to C by March 24, 2017, and in relation to the instant sales contract, the Defendant and the Defendant shall be paid KRW 103,017,180,000 to C, except for the said money.

arrow