(영문) 창원지방법원 2015.11.03 2015가단4194

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(영문) 창원지방법원 2015.11.03 2015가단4194

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from March 1, 2015, KRW 135,738 and the foregoing.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant reported the marriage on January 29, 1992, but they were divorced on May 17, 200, but they reported the marriage again on January 13, 2003, and were married on November 1, 2014.

B. On October 8, 2008, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and transferred the ownership registration under the name of the Plaintiff on November 12, 2008 of the same year. The Plaintiff and the Defendant left the instant real estate by the time of divorce under the following circumstances. The Plaintiff and the Defendant resided in the instant real estate alone by the Defendant around that time.

C. The Plaintiff and the Defendant brought a divorce to the Changwon District Court 2013Ddan3495 (principal lawsuit), and 2014ddan2697 (Counterclaim). The instant case was finalized on November 1, 2014.

On March 5, 2015, the Plaintiff deposited KRW 77,080,377, including the consolation money and the property division compensation and the damages for delay for each of them, which were ordered to pay in the case of the Changwon District Court 2013da3495 (the principal lawsuit) divorce, 2014da2697 (Counterclaim) with the Defendant as the principal deposit at the Changwon District Court.

E. From November 1, 2014, rent at the time of the conclusion of the pleading for the instant real estate is equivalent to KRW 700,000 per month and is presumed to be equivalent to the same amount thereafter.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, 2, and 3, result of entrustment of appraisal to the Japanese Appraisal Corporation, purport of whole pleadings]

2. Determination as to the claim

A. 1) According to the above facts, the defendant is obligated to deliver the instant real estate to the plaintiff, the owner of the instant real estate, unless there are special circumstances. 2) The defendant asserts that the defendant agreed to grant free use or approved the instant real estate, and that the defendant agreed to or approved that the Plaintiff used the instant real estate without compensation until it was sold or sold.

the statement of evidence set forth in subparagraph 1 of this paragraph shall be the whole of the pleadings.

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