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(영문) 대전지방법원 2018.01.19 2017가단209799
건물명도(인도)
Text

1. The Defendant shall pay to the Plaintiff KRW 6.6 million at the rate of 15% per annum from October 14, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On February 1, 1986, the Plaintiff and the Defendant were legally married couple who completed a marriage report. On August 19, 2016, the Plaintiff and the Defendant filed a lawsuit against the Plaintiff seeking divorce, consolation money, and division of property against the Daejeon Family Court 2015da52615, and rendered a judgment on August 19, 2016 that “the Plaintiff and the Defendant are divorced. The Defendant’s claim for consolation money is dismissed. The Plaintiff’s claim for consolation money is dismissed. The Plaintiff paid KRW 96 million to the Defendant as a division of property and interest for delay (citing based on the Plaintiff and the Defendant in this case)” and the said judgment was finalized on September 13, 2016

(hereinafter referred to as "Divorce, etc."

From March 27, 2006, the registration of ownership transfer was made in the name of the Plaintiff for the D apartment 110 Dong 1410 (hereinafter “the apartment of this case”). However, in the case of divorce, etc., the above divorce, etc., the property was included in the instant apartment and various deposits, insurance, etc., and the positive property in the name of the Plaintiff and the Defendant was at least KRW 96 million, and the division rate was at KRW 70%, and the amount of the positive property in the name of the Plaintiff and the Defendant was at KRW 30%, and the amount of the Defendant’s net property was calculated by settling the amount of each net property in the above division rate.

C. From July 2014, the Defendant occupied and used the instant apartment while living separately with the Plaintiff, and delivered the said apartment to the Plaintiff on April 24, 2017, which was subsequent to the confirmation of divorce, etc.

On October 27, 2016, the Plaintiff paid 96 million won and interest for delay to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. The plaintiff's ground for claim

A. On September 13, 2016, from the date when the judgment of the instant case was rendered on divorce, etc. to the Plaintiff on April 24, 2017, the Defendant occupied and used the instant apartment by alone until the date when he/she delivered the instant apartment to the Plaintiff, and paid 1.7 million won unpaid management expenses on behalf of the Plaintiff, and thus, it shall be returned to the Plaintiff.

For the same period, the defendant.

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