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(영문) 광주지방법원 목포지원 2021.01.12 2020가합10928

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant reported their marriage on January 15, 1976.

B. On November 4, 2016, the Defendant filed an application for provisional attachment on the real estate listed in the attached list Nos. 1 through 4, 2016, with Gwangju as the right to preserve the Plaintiff’s claim of KRW 206,000,000 as the right to claim the division of the Plaintiff’s property, as the competent court heading 2016 business group 508, and the court decided to accept the Defendant’s application on November 10, 2016.

(c)

On December 14, 2016, the Defendant filed a lawsuit against the Plaintiff seeking divorce, consolation money, and division of property (hereinafter “instant lawsuit”) with the Court of Gwangju as the Magpo-Support 2016 Dhap 1102.

On December 21, 2017, the court rendered a judgment that “the Plaintiff and the Defendant are divorced, and the Plaintiff shall pay the Defendant consolation money of KRW 30,000,000, property division of KRW 220,000,000, and delayed damages.”

(d)

On January 4, 2018, the Plaintiff appealed as the Gwangju High Court 2018 u 4007, and the Defendant filed an incidental appeal on October 1, 2018 against the part of the claim for property division.

E. On October 4, 2018, the Defendant filed an application for provisional attachment of KRW 220,000,000 with the Gwangju High Court 2018 Business 1 as the right to claim the division of the Plaintiff’s property as to the real estate stated in attached Table 5 owned by the Plaintiff, and the court rendered a decision to accept the Defendant’s application on October 5, 2018.

F. On December 6, 2018, the Defendant filed an application for provisional attachment on the real estate stated in attached Table 6, owned by the Plaintiff, with the Gwangju High Court 2018 business Joint2, a claim of KRW 220,000,000 against the Plaintiff as the preserved right, and the court rendered a decision to accept the Defendant’s application on December 7, 2018.

G. The appellate court of the instant lawsuit dismissed the Plaintiff’s appeal regarding the claim for divorce and consolation money in the judgment of the first instance court on January 25, 2019, and partly accepted the Defendant’s incidental appeal, and the part concerning the claim for partition of the property in the judgment of the first instance court is the Defendant.