Text
1. The defendant shall be the plaintiff.
(a) deliver the real estate listed in the separate sheet;
(b) From 1,59,980 won and November 10, 2017
Reasons
1. Basic facts
A. On June 11, 2004, the plaintiff and the defendant had two children as legal married couple who completed the marriage report.
B. On July 11, 2011, the Plaintiff purchased real estate listed in the separate sheet (hereinafter in this case’s real estate) and completed the registration of ownership transfer under the Plaintiff’s name on July 25, 201. On July 25, 201, the Plaintiff left the instant real estate from around September 26, 2013, immediately before the divorce lawsuit is instituted against the Defendant and the instant real estate.
C. The Plaintiff and the Defendant filed a lawsuit for divorce, etc. with the Incheon District Court Branch 2013Ddan7793 (principal lawsuit), 2013ddan9515 (Counterclaim), and the Incheon Family Court 2016Red170 (principal lawsuit), and the lawsuit for divorce was pending in the appellate court of divorce. The Plaintiff and the Defendant were divorced, and the Plaintiff was divorced from the Defendant in the above lawsuit, and the child support (1 million won per month from December 10, 2013 to May 21, 2023), from May 22, 2023 to December 11, 2024, and the judgment that the Defendant pays consolation money to the Plaintiff became final and conclusive on November 17, 2016.
On January 12, 2017, the Plaintiff deposited KRW 50,376,712, including damages for delay up to the date of deposit, and KRW 12,516,437, including damages for delay up to the end of 37 months from December 10, 2013 to January 9, 2017, the Plaintiff deposited KRW 74,860,275 (= KRW 50,376,712, KRW 37,000-12,516,437, including damages for delay up to the end of 37 months from December 10, 2013 to January 9, 2017.
E. The Defendant is residing in the instant real estate, and the rent for the instant real estate is KRW 1,159,99 per month.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 2 through 7, and the result of a request for appraisal of rent to appraiser C by this court, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, barring special circumstances, delivers the instant real estate to the Plaintiff, who is the owner of the instant real estate, and the Plaintiff seeks as the date of divorce after the date of divorce.