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(영문) 전주지방법원군산지원 2019.11.19 2019가단383

재산반환 청구

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 August 23, 2012, the Plaintiff and the Defendant filed a marriage report with the husband and wife, and there is a minor C and D between them.

B. On November 6, 2015, during the marriage period between the Plaintiff and the Defendant, the registration of ownership transfer was completed on November 2, 2015 with respect to the Gunssan-si E apartment and Fho Lake (hereinafter “instant apartment”) under the name of the Defendant, and the Plaintiff and the Defendant resided in the instant apartment with their children before divorce.

C. On August 7, 2017, the Plaintiff and the Defendant, upon filing an application for the divorce, drafted a statement of performance of the following contents (hereinafter “instant performance statement”). Accordingly, at the time of the divorce, a person with parental authority over the children at the time of the divorce, jointly with the Plaintiff, jointly with the Defendant, the custodian is the Defendant, and the Defendant was responsible for the child support for the children.

The plaintiff and the defendant agree on the following matters for the application for divorce by agreement, and take an oath to observe and implement them in good faith:

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1. The plaintiff and the defendant currently reside in the apartment bond of this case shall belong to the defendant.

2. The Plaintiff and the Defendant will belong to the Defendant the two passenger cars currently in use (low G, high price H).

3. Two children of the Plaintiff and the Defendant, C, and D agree to foster the Defendant with the right of custody and the well-being of gender.

4. The parental authority over C and D shall have both the Plaintiff and the Defendant.

5.A person who has violated any of the above four paragraphs above shall assume the responsibility for the strict reprimand and punishment against the other party.

On November 28, 2017, the Plaintiff and the Defendant reported divorce.

E. However, the defendant did not rear his children after the divorce with the plaintiff.

The Plaintiff filed a petition with the Defendant for a trial seeking the change of a person with parental authority and a person with custody over his/her children as the court 2019-Ma5004, and was tried to accept the claim on June 28, 2019.

(b) the basis for recognition;