logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.03.30 2015나2050000
추심금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The relationship between the plaintiff and the defendant (1) The plaintiff and the non-party C on December 11, 1996, married with the non-party C, one son under the chain of marriage.

(2) The defendant is the father of C.

B. The Plaintiff and C’s judicial divorce (1) around 1997, while running a business, the Plaintiff and C did not immediately look at the family due to gambling, etc., and was subject to criminal punishment by causing a traffic accident involving knifeing the siblings or causing another person to injure, and even assaulting the Plaintiff from time to time.

(2) On September 29, 2006, the Plaintiff filed a divorce lawsuit against C. In addition, the Plaintiff filed a claim for consolation money, division of property, designation of a person with parental authority over his/her father and wife, and child support.

The Seoul Family Court (Seoul Family Court 2006Dhap10095) (3) rendered a judgment on September 19, 2007 that "the plaintiff and C are divorced, and C shall pay the plaintiff 30 million won with consolation money, and C shall pay the plaintiff 30 million won with 20% interest per annum with 5% interest per annum from the day after the judgment became final to the day of full payment, property division, 560 million won with 5% interest per annum from the day after the judgment became final and conclusive to the day of full payment, and C shall designate the plaintiff as a person with parental authority and a custodian of his father and shall pay the plaintiff 7.5 million won with the past childcare expenses, and C shall pay the plaintiff 8 million won each month from September 6, 2007 to January 2, 2018."

(4) The Plaintiff and C appealed against the above Seoul Family Court Decision 2006Dhap10095, but the Seoul High Court rendered a judgment dismissing all the appeals filed by the Plaintiff and C on September 2, 2008 (Divorce 2007Reu1906 and division of property, etc.) and the above judgment became final and conclusive on September 23, 2008.

(hereinafter the above Seoul Family Court Decision 2006Dhap10095 (hereinafter “the final judgment of this case”) C.

On the other hand, C on March 2, 2004, 110.743 shares of 560.1 out of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) which was subject to division of property of the final and conclusive judgment of this case and real estate attached thereto.

arrow