(영문) 서울고등법원 2020.06.18 2018나2060206

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.06.18 2018나2060206

구상금 등

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff B was in a de facto marital relationship with the net F (hereinafter "the deceased"), and had O and P as his child between the deceased, and the plaintiff A applied to the plaintiff B.

Defendant D is the deceased’s spouse, and Defendant C and E are the deceased’s children.

B. The Seodaemun-gu Seoul Metropolitan Government G Apartment H (hereinafter “instant real estate”) completed the registration of ownership transfer in the name of the deceased on December 20, 2010, and the registration of ownership transfer was completed in the name of the Plaintiff on January 24, 2011.

Since then, July 16, 2012, 201, Plaintiff I completed the establishment registration of a neighboring mortgage (hereinafter “mortgage”) with respect to the instant real estate by the “debtor A, the maximum debt amount of KRW 294,00,000,” and the Korea Housing Finance Corporation completed the additional registration of the transfer of the instant right to collateral security on October 21, 2013.

1. The Plaintiff A shall implement the procedures for the registration of ownership transfer of the instant real estate to the Deceased by September 30, 2013.

2. The Deceased, by December 31, 2020, did not dispose of the instant real estate to a third party or provide it as security, and the Plaintiff B and their children shall be able to gratuitously reside from the instant real estate until December 31, 2020.

3. The Deceased is responsible for and repaid the principal and interest of the right to collateral security (the maximum amount of claims 294,000,000 won) in the name of the Plaintiff I Co., Ltd., the real estate of which was completed, and the amount of KRW 1,50,000 for each of the last day of September 30, 2013 to December 31, 2020 shall be paid to the Plaintiff B for their daily living expenses.

(The deceased shall be paid by depositing it into R in the bank account in the name of the plaintiff A, but if the plaintiff A designates another payment method, it shall be applicable). 4. If the deceased fails to comply with paragraph (2) or (3) even after the plaintiff implemented paragraph (1), the deceased shall be fully compensated for the damage of the plaintiff A or the plaintiff B, and the penalty shall be paid in addition to the damages.

유사 판례

-서울중앙지방법원 2018.12.20 2018가합508736

-인천지방법원 2015.04.14 2014가합58418

-수원지방법원성남지원 2016.10.25 2014가단215016

-대전지방법원 2017.12.20 2017나106068

-서울서부지방법원 2016.12.22 2016가합34984