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(영문) 서울동부지방법원 2015.04.03 2014나24220
주식반환등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 3, 1991, the Plaintiff and the Defendant were legally married couple who completed the marriage report and had their children. However, around 2009, the Plaintiff filed a claim against the Defendant for divorce, etc. with Seoul Family Court 2009Dhap3920 (principal lawsuit). The Defendant filed a counterclaim for divorce, etc. with the Seoul Family Court 2009Dhap5933 (Counterclaim), and the judgment of the first instance court was rendered on June 23, 2010 as follows.

1. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) shall be divorced by the principal lawsuit and counterclaim.

2. All claims of the Plaintiff (Counterclaim Defendant) for consolation money and the claim of the Defendant (Counterclaim Plaintiff) for consolation money are dismissed.

3. Property division:

A. The Defendant (Counterclaim Plaintiff) committed the registration procedure for transfer of ownership to the Plaintiff (Counterclaim Defendant) based on the division of property of Songpa-gu Seoul E apartment 2, 501 (hereinafter “instant apartment”) on the ground of the fixed date of the judgment.

B. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) 390,000,000 won with interest rate of 5% per annum from the day following the day when the instant judgment became final and conclusive to the day of full payment.

(not more than paragraph (4).

B. On April 7, 2011, the Plaintiff appealed, and the appellate court rendered a judgment on the order to change only the part concerning the claim for division of property, as delineated below, in Seoul High Court Decision 2010Reuu16 (Mains) and 2010Reu1623 (Counterclaim), and both appeals were dismissed on July 14, 201.

Among the judgment of the first instance court, the part concerning the claim for division of property in the principal lawsuit shall be modified as follows:

property division;

A. The Defendant (Counterclaim Plaintiff) performed the registration procedure for transfer of ownership on the instant apartment to the Plaintiff (Counterclaim Defendant) due to the division of property on the ground of the fixed date of the judgment of the instant case.

B. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) 294,000,000 won with interest rate of 5% per annum from the day following the day when the instant judgment became final and conclusive to the day of full payment.

C. The first and second trials of the above divorce case

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