logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.30 2015나17485
소유권이전등록
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3.

The defendant was in de facto marital relationship with the plaintiff for not less than 20 years after the divorce with the former wife C.

B. On August 14, 2012, the Plaintiff and the Defendant purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and registered it as a co-owner of each 1/2 share.

C. On February 14, 2014, the Defendant: (a) prepared and delivered to the Plaintiff a letter stating that “I will not move again with C, who is the former wife; (b) in case of delivery, I will bring to the Plaintiff all of the instant vehicles, the lease deposit, land of 506 square meters prior to D at the time of permanent residence, and the instant vehicle,” and (c) issued a letter of the above contents on several occasions, including April 20 and June 18, 2014.

Even after the delivery of each letter, the Plaintiff filed a lawsuit against the Defendant, claiming that C was fully equipped with C, and against the Defendant for the implementation of the procedure for the registration of ownership transfer on the land of 506 square meters prior to D permanent residence (Seoul District Court Decision 2014Da3528), and on September 24, 2014, the Plaintiff rendered a favorable judgment and became final and conclusive.

E. On December 3, 2014, the Defendant prepared and delivered to the Plaintiff a written statement stating that “The Plaintiff suffered too much pain and suffering, which would be too much, due to C. This will not be possible once again.”

According to the above facts, the Defendant is obligated to implement the procedure for ownership transfer registration on the ground of the agreement dated February 14, 2014 with respect to the portion of the Defendant’s title holder 1/2 among the instant automobiles to the Plaintiff, and to deliver the instant automobiles to the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff should be invalidated or revoked because both a quasi-written statement and a notarial deed are written by the plaintiff's coercion or by the plaintiff's strong pressure.

However, the expression of intention is subject to the seal.

arrow