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(영문) 대전지방법원홍성지원 2020.05.19 2019가단32446
건물명도(인도)
Text

1. The Defendant’s KRW 1,188,33 as well as the Plaintiff’s KRW 5% per annum from June 14, 2019 to May 19, 2020.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff and the Defendant concluded a marriage report on January 15, 1996, and the Plaintiff and the Defendant were their children. The Plaintiff and the Defendant prepared and submitted a written confirmation of intention of divorce on October 30, 2017 to the court. However, both parties were absent on two occasions on the date of confirmation of intention of divorce, and thus the case of confirmation of intention of divorce was withdrawn.

3) On April 11, 2019, the Defendant filed a lawsuit seeking divorce and division of property against the Defendant under the Hongsung Branch Family Court 2017Ddan21245, and divorced from the Plaintiff and the Defendant from the above court on April 11, 2019. The Plaintiff pays to the Defendant a property division of 40 million won and delay damages therefrom, and the Defendant’s claim for consolation money is dismissed (hereinafter “instant divorce judgment”).

(B) On October 31, 2017, the above judgment became final and conclusive on April 26, 2019. (B) On October 31, 2017, the Plaintiff leased and resided studio housing for about one year and eight months from the time when she went through from the Bocheon-si apartment D (hereinafter “instant apartment”) which is a house residing with the Defendant, and around one year and eight months from that time.

2) On June 14, 2019, after the judgment of divorce of this case became final and conclusive, the Plaintiff removed the instant apartment from the Defendant, and began to reside in the said apartment again from that time. C. On June 20, 2015, the Plaintiff purchased the instant apartment on June 20, 2015.

2) The instant apartment was completed on September 2017 and the registration of ownership preservation was completed. On November 21, 2017, the Plaintiff completed the registration of ownership transfer on the instant apartment on the grounds of sale. 3) The instant divorce judgment calculated the Plaintiff’s net property amounting to KRW 84 million and the Defendant’s net property amounting to KRW 73,595,025, respectively, at the time of closing the argument. The value of the instant apartment included KRW 268 million in the Plaintiff’s net property.

In the above judgment, the plaintiff and the defendant.

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