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(영문) 의정부지방법원 2014.10.02 2013나15181
소유권이전등기
Text

1. All of the appeals filed by the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) B.

Reasons

1. The reasoning for the court’s explanation as to this part of the basic facts is as follows: “Defendant B shall perform the Plaintiff’s property division procedure for ownership transfer registration based on a final decision to bring about the instant conciliation (property division) with respect to one-half of the respective shares out of the 871m2 in Pyeongtaek-gun, G forest land, 14,424m2 (hereinafter “H forest”) and one-half of the 638m2 in each of the 638m2 before I. The Plaintiff and the Defendant shall not claim for property division against each other even if the property subject to additional property division is discovered. The Plaintiff and the Defendant shall not claim for property division. The Plaintiff shall waive the remainder of the Plaintiff’s claim (hereinafter “instant adjustment”) instead of conciliation on March 30, 2009 (hereinafter “instant adjustment”).

This became final and conclusive.

The reasoning of the judgment of the first instance is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, except that the term “No. 260200” in the fifth, fifth, half and seventh parallels “No. 5” shall be read as “No. 26200”, and “No. 260201” shall be read as “No. 26201”, and it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. With respect to Defendant B’s claim against Defendant B for the execution of the procedure for ownership transfer registration on the ground of termination of title trust with respect to one half of each of the instant real estates, the said Defendant’s claim for property division is unlawful on the ground that the limitation period has lapsed, as long as the substance of the instant claim, which constitutes the claim for property division, was filed two years after the date of divorce between the Plaintiff and the said Defendant.

On the other hand, a lawsuit seeking a division of property following a divorce and a performance of ownership transfer registration on the grounds of termination of title trust is different from the requirements for establishing the relevant claim, legal nature, and whether the period of time allowed for the lawsuit has been limited. As such, a lawsuit claiming division of property filed by the Plaintiff before and the parties to the instant lawsuit are identical and identical.

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