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(영문) 광주지방법원 2019.01.31 2018가단2665

건물명도 등

Text

1. The Defendant shall deliver to the Plaintiff the second floor of 98.26 square meters among the buildings listed in the attached list.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were married, and the Defendant filed a divorce lawsuit against the Plaintiff with the Gwangju Family Court [2014dan5365, 2014dan7453 (Counterclaim)]. On October 13, 2015, conciliation was concluded as follows:

(hereinafter “instant protocol”) 1. The Plaintiff and the Defendant are divorced.

2. Property division:

A. The Defendant, by December 18, 2015, implements the procedure for the registration of ownership transfer with respect to 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff.

B. The Plaintiff paid KRW 67 million to the Defendant by December 8, 2015. The Plaintiff acquired the secured debt of the registration of the establishment of a neighboring mortgage on the instant real estate and the Nonparty’s real estate from each exemption, respectively, and cancelled the registration of the establishment of a neighboring superficies and the registration of the establishment of a superficies on Nonparty’s real estate. The Plaintiff withdraws the application for the provisional disposition of the prohibition of disposal of real estate (2014 business group166) from the Gwangju Family Court and rescinded its execution.

C. The above A.

paragraphs 1 and 2.

subsection (1) shall be simultaneously implemented.

3. The defendant is responsible for and repaid the total amount of 38 million won to the Seocho Branch of the Bank.

4. The plaintiff and the defendant, other than those set forth above, confirmed the ownership of active and passive property in their respective names as of the date of conciliation of this case, and do not claim monetary money under any pretext, such as consolation money and division of property, in relation to the divorce of this case, except as provided above, to the other party.

B. On January 3, 2018, the Plaintiff completed the registration of ownership transfer on the ground of the instant conciliation on October 13, 2015 with respect to Defendant 1/2 shares among the instant real estate.

C. Meanwhile, even after the Plaintiff completed the registration of ownership transfer for the instant real estate, the Defendant occupies the second floor of 98.26 square meters among the instant real estate.

[Ground for recognition] Unsatisfy, A, and A.