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(영문) 서울중앙지방법원 2016.08.26 2015가합19075

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff, the defendant's family members, the defendant's legal couple who completed the marriage report on August 16, 1968, and the defendant had slick C(1969), Ma (1972), Ma (1975).

B. (1) The Plaintiff was on duty in the Central Information Department, the Ministry of National Defense, etc., and retired from office on April 1980. After his retirement, the Plaintiff became to obtain a considerable amount of income by performing the work of collecting and selling the re-processed iron plates emitted from the factory of Ulsan Hyundai Motor, Ulsan. 2) Won, the Defendant purchased the land located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and completed the registration of ownership transfer under the name of the Plaintiff on November 1, 1978, and completed the registration of ownership transfer under the name of the Defendant on the ground and completed the registration of ownership transfer on January 1, 199.

The plaintiff and the defendant purchased land and housing located in Seocho-gu Seoul Metropolitan Government on September 9, 1986 and completed the registration of ownership transfer in the name of the plaintiff, and resided together.

In addition, on December 12, 198, the plaintiff purchased land and building located in Dongdaemun-gu Seoul Metropolitan Government H, but sold it around July 201, and on June 1996, part of the commercial building located in Guro-gu Seoul Metropolitan Government I purchased and completed the registration of ownership transfer in the name of the plaintiff.

3) The Plaintiff’s retirement pension and the lease proceeds of the above F-owned building were deposited into the bank account in the name of the Plaintiff, and the Defendant spent living expenses while managing them. C. On April 28, 2011, the Defendant filed a lawsuit seeking divorce, etc. with the Seoul Family Court. The Seoul Family Court rendered a judgment ordering divorce, the Defendant’s division of property, and the payment of consolation money (Seoul Family Court Decision 2011dhap3312). However, the Seoul Family Court, which was the appellate court, revoked the first instance judgment on November 7, 2013, and dismissed all the Defendant’s claims (Seoul High Court Decision 2013Reu324), and the Supreme Court dismissed the Defendant’s appeal on March 27, 2014 (Supreme Court Decision 2013Meu5617). [Judgment 2013Meu5617] The purport of the entire pleadings is as follows.