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(영문) 수원지방법원 2016.03.23 2015가단120525

토지인도등

Text

1. The Defendants deliver each real estate listed in the separate sheet to each Plaintiff.

2. Defendant B:

(a) 6.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer on July 7, 2009 with regard to each real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale on June 13, 2009.

B. The Plaintiff and Defendant B were living together from September 2003, and completed the marriage report on February 22, 2011.

C. In this case, which is a divorce case between the Plaintiff and the Defendant B, the conciliation was concluded on August 8, 2013 with respect to the principal lawsuit and the counterclaim divorce case. The conciliation was dismissed as to each of the principal lawsuit and counterclaim damages claim, each of the principal lawsuit and counterclaim damages claim, and each of the counterclaim damages claim on July 24, 2014, and the property division claim is dismissed, and the Plaintiff is paid KRW 25,853,233 from the Defendant B at the same time, and the title of the instant real estate is transferred to the Defendant B, and the Defendant B is exempted from liability for the secured debt established on the instant real estate from the Plaintiff.

However, on February 11, 2015, in Seoul High Court Decision 2014uuuu11 (principal lawsuit), and divorce, etc. (Counterclaim), the appellate court rendered a judgment to revise the first instance court judgment with the content that “Defendant B shall pay to the Plaintiff 10 million won consolation money and the amount equivalent to 5% per annum from November 20, 2012 to February 11, 2015, and 20% per annum from the next day to the day of complete payment, and the Plaintiff shall pay 27 million won to the Defendant B as division of property.”

F. Accordingly, Defendant B appealed to the Supreme Court Decision 2015Meu913 (principal lawsuit) and 2015Meu920 (Counterclaim), but the dismissal of the appeal becomes final and conclusive in accordance with the appellate judgment on April 15, 2015, and Defendant B was served on April 17, 2015.

G. On May 28, 2015, the Plaintiff sought to enforce the provisional disposition order on June 4, 2015, upon receipt of the provisional disposition order against Defendant B, which was issued by this court 2015Kadan201254 regarding the instant real estate, but Defendant C was at the inner section and lower part of the instant real estate.