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(영문) 인천지방법원 2017.04.05 2016가단53281

명도청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2002, the Plaintiff and the Defendant filed a marriage report, and they were legally married couples with two children. On November 17, 2015, in this Court case 2012dhap898 (Mains) and 2012dhap174 (Counterclaim), the Plaintiff and the Defendant shall be divorced. The Defendant shall be appointed as a custodian of a minor child. The Plaintiff shall be appointed as the Defendant’s child support from November 201, 2014 to the date on which each child reaches each adult age. The judgment (hereinafter “the judgment of divorce”).

B. Even after the judgment of divorce, the Defendant was living together with his/her children in Gyeyang-gu Incheon Metropolitan City 203 Dong 1904 (hereinafter “C apartment”) which was owned by the Plaintiff.

(2) On September 2, 2016, the Plaintiff’s mother (hereinafter “Plaintiff”) purchased the instant apartment on June 29, 2016 and completed the registration of ownership transfer on September 28, 2016.

C. From July 2016, the Plaintiff sent to the Defendant the instant apartment with the following purport: (a) from around July 2016, 2016, the Plaintiff: (b) “I prepared the instant apartment with which I would like to live with I and I to live in the new apartment with I and I would like to have I live in a good house and good environment; (c) I and I would like to get I and I would like to move into the instant apartment; and (d) “I would like to get I and I would like to move into the instant apartment with C apartment with a loan as security; and (e) “I would like to move into the household if I would not sell C apartment by the remainder of the instant apartment, I would like to have three houses for one household and to cooperate in the sale of C apartment; and (c) “I would like to grow and grow in the instant apartment, I would like to make a marriage and live in the society,” and sent the instant apartment to the Defendant.”

Accordingly, on October 16, 2016, the defendant and his children are directors of the apartment of this case.