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(영문) 서울고등법원 2016.01.22 2015나2018013
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Order of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable, and thus, it is accepted by this judgment.

2. Judgment on the argument in the appellate trial

A. The plaintiff alleged in this court that the plaintiff transferred the real estate ownership of this case to the defendant by gift, and even if the division of property between B and the defendant is based on the divorce, the divorce between B and the defendant is the most complicated, and thus the division of property also constitutes a false declaration of conspiracy. The real estate of this case is not a property division since it is unique property that B had been married with the defendant, and it is excessive to recognize the defendant's contribution as 50% when considering the marriage period between B and the defendant. On the other hand, the defendant recognized the defendant's contribution as 50% too little.

B. First of all, even if all the evidence presented to this court are collected, it is difficult to conclude that the divorce between B and the defendant is the largest.

Furthermore, as the reasoning of the judgment of the court of first instance cited earlier, transferring the real estate ownership of this case to the Defendant has the nature of division of property according to divorce. Even if the real estate of this case is the unique property of B, it is reasonable to deem that the Defendant cooperates in preventing the reduction of the property through cooperation. Therefore, it is reasonable to deem that the real estate of

In addition, in light of the various circumstances cited in the reasoning of the judgment of the first instance, such as the fact that the division of property of this case includes consolation money and child support, and the period of marriage between B and the defendant, there is no error of evaluation of the defendant's contribution as

All the plaintiff and defendant's arguments are not accepted.

3. Conclusion, the appeal by the plaintiff and the defendant is dismissed for all reasons.

Since it is apparent that there is an error in the text of the judgment of the first instance, it shall be corrected.

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