(영문) 청주지방법원 충주지원 2018.06.12 2018가단681

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 충주지원 2018.06.12 2018가단681

구상금

Text

1. The Defendant’s KRW 48,766,30 and the Plaintiff’s annual rate of KRW 5% from January 20, 2015 to March 6, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were married couple, and they were divorced on December 25, 2014 by the compulsory mediation decision of Cheongju District Court Decision 2014Ddan5160 (hereinafter “instant decision”).

1. The plaintiff and the defendant are divorced.

2. The Defendant shall implement the registration procedure for transfer of ownership based on the division of property on the real estate indicated in the separate sheet as division of property to the Plaintiff.

(1) The defendant bears the obligation to the creditor who has filed an application for compulsory auction against the Cheongju District Court for the real estate stated in the separate sheet, and other obligations for provisional seizure or collateral security established on the real estate stated in the separate sheet shall be acquired by, responsible for, and repaid by the plaintiff). 3. The remaining properties except the real estate listed in the separate sheet shall belong to their own ownership.

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

B. The contents of the instant decision are as follows.

C. On May 13, 2014, D had received a ruling to commence the new auction as to the real estate listed in the separate sheet (hereinafter “instant real estate”). The said auction procedure (hereinafter “instant auction procedure”) was conducted, and on December 26, 2014, the instant real estate was sold to E, and D received dividends of KRW 48,766,30 in the dividend procedure of the said auction on January 19, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendant transferred the ownership of the real estate of this case to the plaintiff at the same time according to the decision of this case, and at the same time, did not pay debt to D as the creditor applying for compulsory auction. Nevertheless, the auction procedure of this case was continued because the defendant did not pay debt to D, and as a result, it was sold the real estate of this case, and it was recognized that D received dividends in the process of paying the debt amounting to 48,766,300 won

Therefore, it is true.

유사 판례

-의정부지방법원고양지원 2017.10.12 2017가단80932

-청주지방법원충주지원 2017.12.06 2017가단1939

-청주지방법원 충주지원 2018.09.05 2018가단1455

-청주지방법원충주지원 2017.06.07 2017가단431

-인천지방법원부천지원 2014.05.21 2012가합10040