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(영문) 광주지방법원 2015.06.19 2014가단20900
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On October 31, 2010, the Plaintiff’s Ha and Defendant D got married and divorced on October 21, 2013.

B. Defendant C is the mother of Defendant B and Defendant D, and Defendant B is the words of Defendant D.

C. On November 8, 2010, the Plaintiff paid KRW 25 million to Defendant C, including KRW 22 million, and KRW 3 million, and paid KRW 25 million to Defendant B on March 29, 201.

On the other hand, on October 24, 2010, Defendant C transferred each of the KRW 15 million to Defendant B’s account, which is one’s own words and the mother of Defendant B and Defendant D, in total, and KRW 10 million to Defendant B’s account on November 5, 2010.

E. Defendant D remitted KRW 21.5 million to Defendant B’s account on April 4, 2011.

F. Around June 2012, H and Defendant D respectively filed a divorce lawsuit, etc. with the Gwangju Family Court 2012dhap417 (principal lawsuit) and 424 (Counterclaim). On October 16, 2012, the above court rendered a judgment that “H and D are divorced by counterclaim, and H will pay 50 million won as consolation money and delay damages to D.” Accordingly, H and D filed each appeal with the Gwangju High Court 2012Reu2Reu287 (principal lawsuit) and 294 (Counterclaim). On October 21, 2013, H and D were divorced to have confirmed that “H and D, by counterclaim, shall pay 35 million won as consolation money,” and that “H will be divorced.” The settlement recommendation recommendation became final and conclusive as is.

(g) The above divorce case is the real estate owned by Defendant B, who completed the registration of ownership transfer in the name of Defendant D on October 19, 2005.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1-3, Eul evidence No. 2-12, 13-2, Eul evidence Nos. 3-1, 2, and 4-1 to 4-2, and the response of each order to submit financial transaction information to the Korean bank and the Nuriwon Agricultural Bank's central branch, the purport of the whole pleadings as a whole.

2. Judgment as to the main claim

A. The Plaintiff’s assertion is made by C on November 8, 2010.

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