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(영문) 청주지방법원 2019.04.03 2017나3025
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is written in the attached list Nos. 1, 3, and 4 to the plaintiff.

Reasons

Facts of recognition

Upon completion of the marriage report on June 9, 200, the plaintiff and the defendant filed a divorce on February 5, 2005 when they had their children D (E) as their children.

However, even after the divorce between the Plaintiff and the Defendant, the Plaintiff and the Defendant together had a resident registration in the F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, 2008, and thereafter, had a separate resident registration. The Defendant transferred the resident registration to Busan-do around July 2013 and continues to reside in Busan-do even thereafter, and the Plaintiff transferred the resident registration to the real estate listed in [Attachment 2] No. 2, around August 2013 (hereinafter “instant housing”) and is residing in the instant housing until now.

Attached Form

With respect to each real estate listed in the list Nos. 1, 3, and 4 (hereinafter “real estate of this case”), the registration of ownership transfer was completed on March 21, 2003 in the name of the defendant as a result of the sale on March 20, 2003, and the registration of ownership transfer was completed on August 14, 2006 with respect to the real estate listed in the annexed list Nos. 5 (hereinafter “real estate No. 5 of this case”) on August 9, 2006.

In addition, the instant housing was constructed on October 26, 2006 under the name of the Defendant, and around that time, it was re-built at the same place as in August 3, 2007 after the fire was removed on the ground of the instant real estate No. 1, which was constructed on August 3, 2007, and the approval for use was obtained on February 25, 2010, and the registration of ownership preservation was completed on March 22, 2010.

[Ground of recognition] Facts without dispute, Gap's statements or images, Gap's 1-8, 15-22, 25, 27, 28, Eul's evidence 34 (including above number), and a summary of the parties' arguments

A. The Plaintiff purchased real estate Nos. 1, 3, 4, and 5 of this case for the living of all of the Plaintiff, and subsequently held title trust in the future of the Defendant, and constructed the instant housing on the ground of the instant real estate No. 1 with the Plaintiff’s effort and cost.

On the other hand, the defendant sells each of the instant real estate between the plaintiff and the plaintiff.

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