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(영문) 수원지방법원 2016.03.11 2014가단42871
소유권보존등기말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Evidence 【Evidence】 1-1 through 4, A2, A4-1, 2, A5-1 through 3, A6-1 through 3, A6-7, and the purport of the whole pleadings;

A. The Plaintiff and Defendant B reported their marriage on October 19, 199.

B. On August 10, 2002, the registration of ownership transfer was completed in the name of Defendant E from the former owner on August 12, 2002 on the ground of the sale on August 10, 2002 with respect to D 465 square meters in Sung-si. Since around 2003, the multi-family house with three floors on the ground was constructed and the registration of ownership preservation was completed in the name of Defendant B on June 30, 203.

On the other hand, on May 28, 2003, the transfer registration for ownership was completed in the name of the Plaintiff from the former owner E on the grounds of sale on May 23, 2003 with respect to the F 240 square meters (hereinafter “instant land”).

C. On December 18, 2003, the Plaintiff obtained permission to develop a multi-family house site on the instant land, and obtained permission to construct the instant land on March 15, 2004.

The real estate listed in the attached list (hereinafter “instant building”) was constructed around August 2004, but the size of the building was increased than at the time of the building permit, and the site of the instant building includes 34 square meters in the land adjacent to the instant land, which is the land adjacent to the instant land, and the completion inspection was not conducted as a matter of approval for the use of the said land.

The conciliation was concluded on January 16, 2013 as follows from the divorce lawsuit filed by the Plaintiff against Defendant B on the ground of the Plaintiff’s assault, etc. and the divorce lawsuit filed by Defendant B on the ground of the Plaintiff’s adultery (the Military Court Decision 2012ddan10826, 2012ddan15302 (Counterclaim)).

- The Plaintiff and Defendant B are divorced.

(2) The defendant B shall be designated as a person with parental authority and care of the principal of the case.

(3) The Plaintiff and Defendant B shall not claim to the other party all property, such as consolation money and division of property, in connection with divorce.

E. From February 1, 2013, Defendant C occupied and used the instant real estate with Defendant B.

F. As to the instant building on June 3, 2014, Defendant B.

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