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(영문) 대전지방법원 2018.06.20 2017가단210683
건물명도(인도)
Text

1. The defendant shall receive KRW 30 million from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 25, 2009, the Plaintiff and the Defendant were legally married couple who completed the marriage report, and had one child under the chain.

B. On September 2, 2013, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

After that, the plaintiff and the defendant resided in the apartment of this case.

C. On February 25, 2015, the Plaintiff filed a lawsuit against the Defendant for divorce and consolation money with the Daejeon Family Court 2015da50763, and the said court rendered a judgment on July 7, 2016 that “the Plaintiff and the Defendant divorced, the Defendant shall pay the Plaintiff a consolation money of KRW 10 million to the Plaintiff, and the Plaintiff shall be designated as the person with parental authority and the custodian of the child,” and the said judgment became final and conclusive on August 18, 2016 due to the Defendant’s failure to appeal.

On September 23, 2016, the defendant filed an appeal to complete the appeal, but was dismissed.

Even after the above divorce lawsuit has been completed, the defendant occupies and uses the apartment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of recognition, the owner of the instant real estate is the plaintiff, and the marital relationship between the plaintiff and the defendant has been annulled. However, the defendant is obligated to deliver the instant apartment to the plaintiff at the same time with the payment of KRW 30 million, which the plaintiff acknowledges that he should pay to the defendant.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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