건물인도
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On April 30, 2013, the Plaintiff completed the registration of ownership transfer in the name of Yongsan-gu Seoul Metropolitan Government and the 7th floor D (hereinafter “instant real estate”).
B. The Plaintiff and the Defendant completed a marriage report on December 12, 2014, and resided together with the instant real estate, but the Plaintiff left the instant real estate on or around December 20, 2017 and thereafter went away from the instant real estate and filed a divorce lawsuit against the Defendant on May 4, 2019, and was sentenced to a judgment to divorce with the Plaintiff and the Defendant (Seoul Family Court Decision 2018Ddan309425).
C. Although the Defendant appealed on the above divorce judgment, on November 15, 2019, the judgment dismissing the appeal was rendered (Seoul Family Court Decision 2019Reuu31390, 2019uu32614 (Counterclaim)). While the Defendant appealed on the judgment dismissing the appeal, it was dismissed on March 12, 2020 (Supreme Court Decision 2019Meu16206), the judgment dismissing the appeal was delivered to the Defendant on March 20, 2020.
Upon the judgment of divorce became final and conclusive, the Defendant delivered the instant real estate to the Plaintiff on June 11, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 6 (including paper numbers), the purport of the whole pleadings
2. On the Plaintiff’s assertion, the Plaintiff asserts that, even though the Defendant did not have any right to possess, the Plaintiff is obligated to pay 3,307,397 won, on the grounds that, from March 20, 2020, the divorce lawsuit was finalized, the Plaintiff occupied the instant real estate owned by the Plaintiff from March 20, 202 to June 11, 2020 by occupying, using, and making profits from, the instant real estate that was delivered to the Plaintiff and incurred considerable loss to the Plaintiff.
On the other hand, as seen earlier, the Defendant occupied and used the instant real estate from March 20, 2020 to June 11, 2020, for which divorce with the Plaintiff became final and conclusive. However, upon the confirmation of divorce, the Defendant transferred the instant real estate to the Plaintiff within a short period not exceeding three months, and the Defendant filed a claim for division of property against the Plaintiff.