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(영문) 서울중앙지방법원 2015.02.26 2014가단5187207
재산분할
Text

1. The Defendant made an agreement on May 19, 201 with respect to the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. The parties’ assertion that the Plaintiff agreed to divorce with the Defendant on May 19, 2013, and the Defendant agreed to transfer the ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Plaintiff.

As to this, the Defendant asserted that, until his child becomes adult, the Defendant paid child support to the Plaintiff and that the Plaintiff agreed to reside together with his child in the real estate of this case, but did not have agreed to transfer the ownership to the Plaintiff.

2. Determination:

A. In full view of the written evidence Nos. 1 through 6 (including a branch number) and the overall purport of the pleadings in the witness C’s testimony, the Plaintiff and the Defendant decided to divorce on May 19, 2013, the Plaintiff had parental authority and right to foster their children, and agreed to transfer the name of the owner of the instant real estate to the Plaintiff. The Plaintiff and the Defendant reported divorce on August 28, 2013, and designated the Plaintiff as a person with parental authority for their children.

B. According to the above facts, the Defendant agreed to transfer the ownership of the instant real estate to the Plaintiff on May 19, 2013, and thus, is obligated to implement the procedure for ownership transfer registration with respect to the instant real estate.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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