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(영문) 대전고등법원 2017.12.20 2017재나38
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Case progress

A. 1) Defendant B filed a property division petition against the Plaintiff for a property division petition against the Plaintiff for a property division petition ( Daejeon Family Court Decision 2008Radan1065, Daejeon Family Court Decision 2008Radan1065), and at the same time, a provisional disposition prohibiting the disposal of real estate as a preserved right for each of the above real estate ( Daejeon Family Court Decision 2008Ma152, hereinafter “instant provisional disposition”).

(2) On June 10, 208, the Plaintiff filed an objection ( Daejeon Family Court 201 business group 139; hereinafter “instant provisional disposition”) against the instant application. However, the said court rendered a decision to authorize the instant provisional disposition on July 15, 201, and dismissed the Plaintiff’s appeal against the instant application on December 8, 201.

Accordingly, the plaintiff re-appealed to the Supreme Court.

(3) In the re-appeal case of a property division claim, the Supreme Court reversed the order of the court below and remanded the case on April 13, 2012 on the ground that “it is reasonable to deem that Defendant B promised not to institute a claim for property division as a waiver of the written waiver as of November 9, 2007.” The Supreme Court rendered a decision to reverse and remand the case. The Supreme Court reversed and remanded the case. 4) After the remanding the case of the objection to the provisional disposition of this case on August 13, 2012, the court below ( Daejeon District Court 2012BBBB) rendered a decision to dismiss the application for the revocation of the provisional disposition of this case and the provisional disposition of this case on the ground that “the claim for property division of Defendant B was extinguished by the preparation of the written waiver of the property division claim” in accordance with the purport of the decision of the Supreme Court of the case on August 13, 2012.”

After remanding a case of property division, the lower court ( Daejeon District Court 2012B61) decided to dismiss Defendant B’s claim for property division on August 30, 2012.

The appeal shall be made.

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