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(영문) 수원지방법원성남지원 2017.12.05 2017가합402368
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is in a legal marital relationship with C, and the defendant is a child between C and C.

B. On April 2006, in order to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) in 390,3200,000 won, the Plaintiff sold two parcels, including 13,223 square meters of land E and 22,000,000 won, to D, his/her spouse, South and North Korea, as his/her spouse, around May 2006.

Since then, the Plaintiff paid down payment 7,864,00 won as part of the above purchase price, and the intermediate payment and the remainder from the above sale price were loaned by the National Agricultural Cooperative Federation as security the apartment of this case (hereinafter “the instant loan”) around May 2009, and paid it.

Accordingly, on May 27, 2009, the Plaintiff received the registration of ownership transfer on the apartment of this case.

C. The interest on the loan of this case has been borne by the Defendant, who is an ASEAN, in the manner of remitting it to the account under the name of the Plaintiff, and upon completion of the apartment of this case, the Defendant occupied the apartment of this case according to the agreement between the Plaintiff and the Defendant and has resided up

On the other hand, on November 8, 2016, C filed a lawsuit against the Plaintiff, such as divorce and consolation money, with the Seoul Family Court, and on November 9, 2016, C applied for provisional disposition against the right to claim the transfer registration based on the division of property with respect to one-half portion of the apartment of this case as the right to be preserved. Accordingly, on January 4, 2017, C filed a provisional disposition for the prohibition of disposal with respect to one-half share of the apartment of this case.

C is currently residing with the defendant in the apartment of this case.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10, 13, 14, 17, 18, Eul evidence Nos. 5, 7, and 8 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The defendant is residing after the plaintiff purchased the apartment house of this case.

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