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(영문) 의정부지방법원 2013.10.16 2012가단45399
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s action against the defendant C shall be dismissed.

2. The Plaintiff (Counterclaim Defendant)’s Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and Defendant B, as well as Defendant B’s divorce and division of property, have expired until mediation 1) The Plaintiff and Defendant B, after the marriage report on November 28, 1981, were legally married with 1 South and North Korea under the chain of marriage.

B) The Plaintiff filed a lawsuit against the Defendant B on divorce No. 2006Dhap751 and the claim for division of property. The Defendant, as a counterclaim, filed a lawsuit on the claim for divorce, etc. (hereinafter “the first lawsuit”) with the same court (hereinafter “instant lawsuit”).

(C) On May 4, 2007, when the lawsuit No. 1 was pending, between the Plaintiff and the Defendant B, a conciliation was established between the Plaintiff and the Defendant B on May 4, 2007, stating that “The Plaintiff shall divorce between the Plaintiff and the Defendant, with respect to the Plaintiff’s share of 1/2 of the shares out of 627m2 and 15 m2, which was the Plaintiff, Hongcheon-gun, Hongcheon-gun, Seoul, as a division of property, and Defendant B shall implement the procedures for registration of ownership transfer as to one-half of the shares out of 139m2 and 20m20, the Plaintiff, as a division of property, as to the Plaintiff’s share of 1/2 of the shares out of the 139mm2 and the above real estate (or shares thereof).” On the other hand, each real estate (hereinafter “each of the instant real estate”).

(2) On September 14, 2007, the Plaintiff asserted that there was real estate omitted in the Defendant B’s property list at the time of the first lawsuit, and that it was not included in the property division subject to division under conciliation, which was attached to the Plaintiff’s complaint filed in the first lawsuit. However, after the first conciliation, the Plaintiff was not included in the property division subject to division under conciliation. (2) After the second conciliation, the Plaintiff filed a lawsuit claiming the division of property against Defendant B (hereinafter “second lawsuit”).

(B) On March 30, 2009, the Plaintiff and Defendant B filed a lawsuit for property division, which is the object of property division attached to the Plaintiff’s complaint, and each of the instant real estate was included again in the property list, which is the object of property division attached to the Plaintiff’s complaint submitted by the Plaintiff.

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