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(영문) 서울남부지방법원 2014.09.19 2014가합3604

손해배상(기)

Text

1. As to KRW 120,00,000 and KRW 50,000 among the Plaintiff, Defendant C shall be from September 26, 2013 to February 14, 2014.

Reasons

1. Basic facts

A. (1) On October 2, 1997, Defendant C completed the registration of ownership transfer with respect to DJ 249.8 square meters on the instant real property, and around January 10, 1999, Defendant C newly constructed a five-story building on the said ground and completed the registration of ownership preservation (hereinafter referred to as “the instant land and building”).

(2) On September 17, 1994, Defendant C and Defendant B, its omission, succeeded to one-six shares of the F. 71.7 square meters in Jung-gu, Busan and 12.2 square meters in G, and one-six shares in each of the three-story buildings owned by the deceased E (hereinafter “instant 2 real estate shares”), and the Plaintiff received a provisional attachment order against Defendant C as Seoul District Court Decision 2001Kadan2964 on May 29, 2001 and applied for the registration of ownership transfer on behalf of the Defendants and other co-inheritors.

Accordingly, on June 9, 2001, with respect to the portion of the second real estate in this case, the preservation and transfer registration under the name of Defendant C was made.

B. The plaintiff and the defendant C were married in 1978. The plaintiff and the defendant C brought a lawsuit of divorce against the plaintiff around May 1995. The above court rendered a judgment on August 3, 1999 that "the plaintiff and the defendant C shall divorce," and the above judgment became final and conclusive on February 23, 2001 through the appellate court and the final appeal on August 19, 200, the plaintiff filed a claim for the division of property against the defendant C with the Seoul Family Court on November 13, 2003, and the above court rendered a judgment on November 13, 2003 that "the defendant C shall pay to the plaintiff 1.13 billion won as division of property (200 million won as division of property)," and the Seoul High Court, the appellant of the above case, made a decision on August 31, 2005 as the Seoul Family Court's property division registration procedure to the plaintiff on October 31, 2005, the property division registration procedure to the plaintiff.