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(영문) 서울서부지방법원 2015.11.19 2015가합35621
기타(금전)
Text

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

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are legally married couple since they completed the marriage report in 1962.

B. Of each land listed in the separate sheet (hereinafter “each land of this case”), 7/11 shares in C, 3/11 shares in C, 4/11 shares in D, 1/11 shares in D, 3/11 shares in the Defendant’s private village were owned respectively by E, which is the Defendant’s private village. As to shares in D’s 3/11 shares on March 23, 1970, C’s 7/11 shares on September 18, 1973, E’s 1/11 shares on September 18, 1973, and E’s 1/11 shares on September 18, 1973, the ownership transfer registration for each land of this case was completed on September 15, 1981.

On December 22, 1962, the registration of creation of a mortgage in the above land was completed with the maximum debt amount of 1,300,000 won (the maximum debt amount of 23252) and the debtor FF corporation and the mortgagee-mortgaged small and medium enterprises. The FF corporation is the company owned and managed by G, which is the defendant's three villages and D, and E's father.

C. On May 27, 2003, the Defendant filed a lawsuit against the Plaintiff (U.S. District Court 2003Gahap6555) claiming the implementation of the procedure for the registration of ownership transfer on the grounds of termination of trust regarding each of the instant land (hereinafter “instant lawsuit”). On September 14, 2003, when the said lawsuit was pending, the Plaintiff and the Defendant drafted a written statement with the following contents:

(hereinafter referred to as “the first sheet of this case”). The plaintiff and the defendant present at present.

9. With respect to a title verification action on the land of this case scheduled to be tried on 19. 19. Withdrawal under the following conditions:

1. The Defendant uses the full amount of the revenue from the rent generated from the above goods, and the Plaintiff does not raise any objection thereto.

2. The above goods are currently in progress with H and sales to third parties and the sales amount are contrary to the Plaintiff and the Defendant.

3. In the future, the number of years will come between married couples and will come up with a future gold incident.

The defendant is on September 18, 2003.

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