(영문) 서울중앙지방법원 2014.12.17 2014가단5161489

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(영문) 서울중앙지방법원 2014.12.17 2014가단5161489

건물인도 청구의 소

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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant, such as divorce and consolation money, and the Seoul Family Court (the Seoul Family Court (the principal lawsuit, divorce and consolation money, etc., the 2013Reuu1472 (Counterclaim division)) rendered a judgment on September 6, 2013 that “the Defendant shall receive 350 million won from the Plaintiff,” and at the same time, shall complete the registration procedure for transfer of share ownership on the ground of property division of 1/2 out of the real estate listed in the separate sheet (hereinafter “instant real estate”) on the Plaintiff’s attached list, and the Plaintiff shall pay 350 million won to the Defendant at the same time as the registration procedure for transfer of share ownership on the 1/2 share of the instant real estate was implemented by the Defendant, and the final appeal was dismissed, which became final and conclusive.”

B. On May 16, 2014, the Plaintiff deposited KRW 350,000,000,000 as the depositer of the Defendant with the Seoul Central District Court No. 2014,000,000,000,000,000,000, and completed registration of the entire share transfer on January 2, 2014 with respect to the shares of the Defendant among the instant real property, and currently owns all of the instant real property.

C. As of the closing date of pleadings of this case, the Defendant occupied and used the instant real estate.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 5, the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the owner, so the plaintiff's claim is justified.

The Plaintiff and the Defendant asserted to the effect that, on August 13, 2014, the Plaintiff and the Defendant agreed to withdraw the instant lawsuit inasmuch as they delivered the instant real estate to November 30, 2014, the Plaintiff and the Defendant following the instant lawsuit, the instant claim cannot be accepted.

The fact that the plaintiff and the defendant agreed as alleged by the defendant does not conflict between the parties.

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