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(영문) 광주지방법원순천지원 2019.12.19 2018가단5847
건물인도 등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 1998, the Plaintiff and the Defendant filed a marriage report with the Plaintiff. The Defendant filed a lawsuit against the Plaintiff for divorce, etc. under the Gwangju Family Court’s 2014Ddan6683, and the court of first instance and appellate trial (No. 2015Reu4955 of the Gwangju Family Court) rendered the following judgment, and confirmed on October 25, 2016.

The indication of parties shall be based on the origin and the defendant of this case

b. The judgment of divorce of this case (hereinafter referred to as “the judgment of divorce of this case”).

(1) The first instance court (see, e.g., Supreme Court Decision 2016Da1548, Oct. 13,

1. The plaintiff and the defendant are divorced.

2. The Plaintiff shall pay to the Defendant 30 million won consolation money and 5% interest per annum from December 24, 2014 to October 13, 2015, and 20% per annum from the next day to the day of full payment.

4. The plaintiff shall pay to the defendant 21,750,000 won as division of property and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.

5. To designate the defendant as a person with parental authority and care of the principal of the case;

6. The Plaintiff shall pay 100,000 won per month to the Defendant for the child support of the instant principal from April 1, 2015 to April 24, 2018, and 50,000 won per month from April 25, 2018 to August 7, 2022.

Appellate Trial (Adjudication on September 27, 2016)

1. The division of property in the judgment of the court of first instance shall be modified as follows:

The plaintiff shall pay to the defendant 34,00,000 won with 5% interest per annum from the day following the day when the judgment of this case is finalized to the day of full payment.

B. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant apartment”).

From the period of marriage with the Plaintiff, the Defendant resided in the above apartment, occupied and used it, and was the director on May 11, 2019, and notified the Defendant of the fact that he left the apartment of this case and the entrance and exit number as text messages on November 1, 2019.

C. The Plaintiff shall pay to the Defendant from April 1, 2015 to September 30, 2019 in accordance with the instant divorce judgment.

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