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(영문) 청주지방법원 2019.05.16 2018가단30795

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on July 19, 195. The Plaintiff completed the registration of ownership transfer on September 22, 2001 with respect to the real estate listed in the separate sheet on September 10, 2001 (hereinafter “instant real estate”).

B. Since then, in the Cheongju District Court 2013Ddan8725 divorce case between the Plaintiff and the Defendant, a judicial compromise was established on October 15, 2014 between the Defendant and the Defendant that the Defendant divorced. Since then, the Cheongju District Court 2017BB1021, which was the appellate court of the case of the division of property brought by the Plaintiff against the Defendant, paid the Defendant a property division amounting to KRW 91,022,266, which was paid by the Plaintiff on May 28, 2018, but the division of property was decided on June 19, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above fact of recognition, the real estate acquired in the name of the plaintiff during the period of marriage between the plaintiff and the plaintiff was finally and conclusively decided by the division of property, such as the statement in a multi-paragraph (c) as to the real estate acquired in the name of the plaintiff during the period of marriage between the plaintiff and the plaintiff, and thus the plaintiff

(1) The Defendant asserted that the instant complaint was delivered to the Plaintiff on November 5, 2018 at the location of the instant real estate (the Defendant directly received the instant complaint at the location of the instant real estate). Accordingly, the Defendant asserted that the instant real estate was delivered to the Plaintiff, but there is no evidence to accept

3. If so, the plaintiff's claim is justified.