(영문) 서울서부지방법원 2019.09.24 2019가단204800

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(영문) 서울서부지방법원 2019.09.24 2019가단204800

부당이득금

Text

1. The Defendant’s KRW 41,659,745 for the Plaintiff and KRW 5% per annum from August 14, 2019 to September 24, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 29/192 square meters equity in Mapo-gu Seoul Metropolitan Government C, 192 square meters (hereinafter “instant land”). The Defendant owned a house of 149 square meters in Mapo-gu Seoul Metropolitan Government D, 149 square meters and its 2-story above ground (hereinafter “each of the instant real estate”), and among them, owned the instant house.

B. On February 20, 1982, the Plaintiff and the Defendant were legally married couple who reported the marriage, and the Seoul Family Court 2005dhap553 divorce and division of property brought by the Plaintiff against the Defendant was constituted on March 3, 2006 (hereinafter “instant conciliation”).

C. Foods

1. The plaintiff is not divorced from the defendant.

2. The plaintiff and the defendant will stay separately for one year from the date of establishment of this conciliation and make efforts to restore mutual relations.

3. The defendant must accept the plaintiff's claim for divorce without any condition at the time of assaulting the plaintiff after drinking in the future.

4. The plaintiff implements the procedure for the registration of transfer of ownership based on the gift dated March 3, 2006 with respect to shares of 1/2 of the land of this case to the defendant, and the defendant shall execute the procedure for the registration of transfer of ownership based on shares of 1/2 of each of the real estate of this case to the defendant on March 3, 2006.

5. The defendant means that the plaintiff transfers 1/2 of the monthly rent collection right related to each of the instant real estate to the plaintiff.

6. If the original defendant is to be divorced pursuant to paragraph 3, the original defendant will not have any property claim against the other party.

7. The plaintiff waives the remaining claims.

8. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. On October 21, 2011, the Seoul Family Court 2010Ddan76859 case filed by the Plaintiff against the Defendant, “the Plaintiff and the Defendant shall be divorced. The Plaintiff and the Defendant are divorced. As to the shares of 1/2 of the instant land, the conciliation was concluded against the Defendant on October 21, 201, with regard to the share of 1/2 of the instant land.”

The defendant is against the plaintiff.

유사 판례

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