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(영문) 서울중앙지방법원 2013.06.11 2012가합90318
소유권이전등기회복절차에대한승낙
Text

1. The defendant shall have jurisdiction over the share of 1/2 of the real estate listed in the attached list to the plaintiff in Yongsan District Court in Seoul Western District Court.

Reasons

1. Basic facts

A. On December 6, 2008, the Plaintiff and B entered into a division of property and a donation contract 1) with the Plaintiff as the wife B (hereinafter “C”).

“C” regardless of whether before and after the opening of the name;

2) As indicated below, the Plaintiff agreed on the division of property according to divorce (hereinafter “instant division of property”).

2) According to the divorce (The husband and wife shall agree on the terms and conditions between the two parties according to divorce as follows:

1. Property division agreement following the divorce;

A. Of the instant apartment buildings, the name of 1/2 shares in the Plaintiff’s name is transferred.

(2) On December 8, 2008, the Plaintiff agreed to give 1/2 shares out of the instant real estate to C in order to implement the agreement on division of property (hereinafter “instant gift agreement”) with the Plaintiff on December 8, 2008 (hereinafter “instant gift agreement”).

(B) The instant real estate under the contract of onerous donation is the ownership of the donor. The donor promised to give 240,000,000,000 won loaned from the new bank to the Bank of Korea as collateral and 480,000,000 won loaned from the Industrial Bank of Korea to the witness (C) together with the instant real estate and accepted the acceptance of the witness (hereinafter the omission). As to the 1/2 shares out of the instant real estate, the registration of ownership transfer in the name of C (hereinafter the “registration of ownership transfer”) due to the donation as of December 18, 2008, the receipt office of the Seoul Western District Court No. 4795, Dec. 18, 2008, as of the 1/2 shares of the instant real estate.

(B) The registration of transfer of ownership in D’s name (hereinafter “the registration of transfer of second ownership”) was completed on September 8, 2009 by the same registry office, No. 34342, Sept. 8, 2009, and on July 7, 2009.

The registration of establishment of a neighboring establishment was completed on August 23, 201 of the same registry office, No. 29021, Jun. 29, 2011, and the registration of establishment of a neighboring establishment under the name of the defendant was completed (hereinafter “the registration of establishment of a neighboring establishment”) (hereinafter “the registration of establishment of a neighboring establishment”).

C. However, the Plaintiff and C did not reach a divorce.

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