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(영문) 서울북부지방법원 2018.11.27 2018가단109063
손해배상(기)
Text

1. The Defendant’s KRW 199,785,850 for the Plaintiff and KRW 5% per annum from May 21, 2018 to October 25, 2018.

Reasons

1. Facts of recognition;

A. On July 1, 2014, the Plaintiff filed a lawsuit claiming consolation money and division of property against the deceased C (hereinafter “the deceased”) by the Seoul Family Court 2014Dhap304283 (hereinafter “instant property division lawsuit”), and the deceased died during the lawsuit, and the Defendant and D took over the said lawsuit.

B. On June 9, 2016, the said court rendered a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation”) with the following contents, and the said decision to recommend reconciliation became final and conclusive around June 25, 2016.

Decisions

1. Until July 15, 2016, Defendant and D shall implement each of the registration procedures for ownership transfer based on the date of the decision to recommend the settlement of the instant case with respect to one-half shares of each of the real estate listed in the separate sheet as division of property (hereinafter “instant apartment and farmland”) by the Plaintiff by the division of property.

2. Except as provided above, the Plaintiff, the Defendant, and the D verify that their active and negative properties currently held by both parties belong to their respective names, and they do not claim a monetary claim under any pretext, such as consolation money, division of property, etc.

3. The plaintiff waives the remaining claims.

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

C. However, the registration of ownership transfer was completed on October 26, 2014 with respect to the instant apartment and farmland due to consultation division around December 22, 2014 by D prior to the instant recommendation for reconciliation.

Accordingly, on July 1, 2016, the Plaintiff filed for the Seoul Family Court Decision 2016 businessz.30698, and decided on July 1, 2016, “The Defendant and D, up to July 15, 2016, shall divide the Plaintiff into division of property each of the real estate listed in the separate sheet,” and “Defendant D, until July 15, 2016, shall correct each of the real estate listed in the separate sheet to the Plaintiff as division of property.” However, the Defendant and D Seoul High Court issued the separate sheet 2016B244.

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