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(영문) 창원지방법원 2018.04.19 2017가단104326
건물명도(인도)
Text

1. The Defendant’s KRW 12,787,750 as well as the Plaintiff’s annual rate from February 7, 2018 to April 19, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant filed a lawsuit claiming divorce, consolation money, and division of property against the Defendant while married as a married couple, and the Defendant also filed a counterclaim claiming divorce and consolation money against the Plaintiff.

[Chowon District Court 2014Dhap5167 (Mains), 2014Dhap5303 (Counterclaim)]

B. Of each claim in Busan High Court (original Court) and 2015uuuu1049 (Counterclaim), an appellate court of the said divorce lawsuit, the judgment was rendered on July 6, 2016 with respect to the Plaintiff’s property division claim (hereinafter “property division judgment”); the principal lawsuit was finalized on July 28, 2016; and the counterclaim was finalized on July 22, 2016.

1. With respect to the Plaintiff’s shares in the Sung-gu Kusan-si C Apartment and 226 Dong 1408, the Defendant shall implement the registration procedure for transfer of ownership based on the division of property based on the fixed date of the judgment.

2. The plaintiff shall pay to the defendant 141,014,614 won as division of property and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.

C. On December 14, 2006, the registration of ownership transfer was completed with respect to the Seongdong-gu Kuwon-si C apartment and 226 Dong 1408 (hereinafter “instant apartment”). However, upon the judgment of division of property, the Plaintiff completed the registration of ownership transfer with respect to the Defendant’s co-ownership of 1/2 shares on August 16, 2016.

Meanwhile, even after the judgment on division of property became final and conclusive, the Defendant occupied and used the instant apartment and transferred the instant apartment to the Plaintiff on May 31, 2007.

【Reasons for Recognition】 The entries of Evidence Nos. 1-1, 2, 3, and 2-1, 2-3, and 2-2, and the purport of the whole pleadings

2. Duty to return unjust gains;

A. Inasmuch as the instant apartment was owned solely by the Plaintiff due to the occurrence of the obligation to return unjust enrichment and the final judgment on division of property between the Plaintiff and the Defendant, the Defendant, from July 28, 2016, is the date on which the judgment on division of property becomes final and conclusive.

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