(영문) 부산지방법원 2015.05.29 2014가단86451

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.05.29 2014가단86451

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit for divorce and division of property against C (former name: D: the Busan District Court 201Dhap1968 (principal lawsuit). C filed a counterclaim to seek divorce, consolation money, and division of property (Seoul District Court 201Dhap1975) in the said lawsuit.

B. On January 31, 2013, the first instance court rendered a divorce between the Plaintiff and C, dismissed C’s claim for consolation money, rendered a judgment that divided the property, and both the Plaintiff and C appealed appealed.

C. On August 29, 2014, the appellate court (Seoul High Court 2013Reu1, 2013Reu148 (Counterclaim) changed the first instance judgment on August 29, 2014, and the Plaintiff and C divorced, partially accepted C’s claim for consolation money, and rendered a judgment on the division of property, and the said judgment became final and conclusive on September 17, 2014.

In the above first instance court and the appellate court, the Plaintiff asserted that the Plaintiff was included in the subject of division of property, on the ground that: (a) the Plaintiff acquired the title trust between Nam-gu E-gu, Busan and 201 (hereinafter “the loan of this case”) and transferred the title trust to the Defendant who is the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of the birth of

[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings

2. The Plaintiff’s assertion was owned by C, the former part of the loan of this case, and was nominal in trust to the Defendant, the same spouse, and thus, the Plaintiff has the right to claim a division of property against the above loan of this case.

However, since the defendant sold the above loan to F in 72 million won and disposed of it, thereby infringing the plaintiff's right to claim property division, the defendant is liable to compensate for tort.

3. As to the existence of the Plaintiff’s right to claim a division of property against the loan of this case, it is difficult to believe that the Plaintiff’s right to claim a division of property against the Plaintiff, and there is no other evidence supporting

Rather, it is true.

유사 판례

-광주지방법원 2014.10.15 2014고단1406

-수원지방법원안산지원 2019.05.10 2018가단72263

-대구지방법원 2018.04.26 2016가단130629

-인천지방법원 부천지원 2017.02.08 2016가단21980

-수원지방법원성남지원 2015.10.13 2015가단10027