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(영문) 울산지방법원 2016.08.09 2015가단26305
건물명도
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

3...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant maintained a de facto marital relationship while living together from the end of 2010 to September 2015.

Since September 2015, de facto marriage has broken down.

B. The registration of ownership transfer was completed as follows with respect to the real estate listed in the separate sheet (hereinafter “the apartment of this case”).

1) On March 4, 2011, the Defendant’s registration of ownership transfer was completed. The Plaintiff and the Defendant resided in the apartment of this case since that time. 2) The registration of ownership transfer was completed in D on the same day as “sale by voluntary auction on November 19, 2013.”

3) On April 22, 2014, on the ground of “transaction on April 18, 2014, the ownership transfer registration was completed in the Plaintiff’s future. The purchase price is KRW 15 million. (c) The source of the above purchase price is as follows. (1) The Plaintiff’s assertion that KRW 78 million of the Plaintiff’s loans under the Plaintiff’s name is KRW 78 million: (i) E: KRW 66 million on April 22, 2014; (ii) KRW 27 million of the Defendant’s share in KRW 12 million on April 22, 2014; and (iii) the Plaintiff’s assertion that the Plaintiff had a burden of KRW 27 million on the legal brief dated 18, 2016; and (iv) the Plaintiff’s assertion that the Plaintiff had a de facto marriage of KRW 16 million on June 13, 2016, which was 600,000 of the Plaintiff’s pleadings and the Plaintiff’s allegation that the Plaintiff’s claim was 16.

2. Summary of the plaintiff's assertion

A. Since the instant apartment is owned solely by the Plaintiff, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

(Request for Extradition based on Ownership: the primary claim; (b)

The defendant's purchase cost.

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