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(영문) 울산지방법원 2017.05.31 2016가단20212
건물인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that since the defendant illegally occupies the apartment of this case owned by the plaintiff after his divorce with the plaintiff, the plaintiff should deliver the apartment of this case to the plaintiff and return the unjust enrichment equivalent to the monthly rent from July 12, 2016 to the completion date of delivery of the apartment of this case.

As to this, the defendant has agreed to transfer the apartment of this case to the defendant while divorced, the plaintiff's claim is unjust.

2. The Plaintiff agreed to divorce with the Defendant on April 28, 2016 and agreed to transfer the apartment of this case owned by the Plaintiff to the Defendant under the pretext of consolation money, in full view of the absence of dispute between the parties to the judgment, or the overall purport of evidence Nos. 1, 2, 1, 1, and 1, and all pleadings.

Therefore, insofar as the Plaintiff is obligated to implement the procedure for the registration of ownership transfer of the instant apartment pursuant to the agreement on April 28, 2016, the Plaintiff cannot seek a return of unjust enrichment equivalent to the delivery and rent of the instant apartment based on its ownership.

Ultimately, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed for reasons.

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