logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.03.21 2017나65694
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C filed a lawsuit against the Plaintiff, such as divorce and consolation money, and the court of first instance (Seoul Family Court 2011ddan101660) rendered a judgment that “C and the Plaintiff are divorced. The Plaintiff shall pay C the consolation money of KRW 5,00,000 and the delay damages therefor.” The Plaintiff shall designate C as the principal of the case, D, person with parental authority, and custodian.”

B. As to the judgment of the court of first instance, the Plaintiff filed a preliminary counterclaim seeking division of property while filing an appeal against the claim for consolation money, and C added the claim for division of property to the part against which the claim for consolation money was rejected, and the appellate court (Seoul Family Court) rendered the judgment that “The supplementary appeal against the Plaintiff and the consolation money portion of C is dismissed, and division of property according to the Plaintiff’s incidental appeal and the Plaintiff’s counterclaim, and the Plaintiff is paid KRW 350,000,000 from C, while receiving KRW 350,00,000 from C, the Plaintiff shall take the procedure for registration of transfer of ownership on one-half share of the real estate listed in the attached list to C on the date this judgment became final, and C shall pay KRW 350,00,000 to the Plaintiff at the same time upon receiving the registration of transfer of ownership on one-half share of the real estate listed in the attached list from the Plaintiff.”

C. The Plaintiff appealed on the judgment of the appellate court, but the court of final appeal (Supreme Court Decision 2013Meu4539) dismissed the appeal, and the judgment of the appellate court became final and conclusive around that time.

As to the above final judgment, the Plaintiff filed a lawsuit for retrial with Seoul Family Court Decision 2016Reuuu3004, 2017 Reuuu17, but the above court dismissed the Plaintiff’s lawsuit for retrial, and the above dismissal judgment became final and conclusive as is.

E. C filed a prior application with the Seoul Family Court No. 2011 business entity 1712 against the Plaintiff, and the said court partly accepted C’s application.

[Ground of recognition] The fact that there is no dispute, Gap's evidence, and the purport of whole pleading

2. The defendant's summary of the plaintiff's assertion is C.

arrow