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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. The relationship C and the network D (hereinafter “the deceased”) between the parties were the couple who completed the marriage report on December 5, 1990, and they did not have their children (the deceased’s sole heir C). The Plaintiff and E are the couples of the deceased, and the Defendant is the husband of the deceased’s friendship F.
B. On March 2004, C and the Deceased filed a divorce lawsuit against C and the Family Branch of Busan District Court, and around March 2004, C filed a claim for consolation money and division of property (2004Dhap431), and C filed a counterclaim (2004Dhap905) claiming a divorce against the Deceased.
(2) On January 26, 2006, Busan District Court rendered a judgment that “The deceased and C shall be divorced, and C shall pay the deceased a solatium amounting to KRW 50 million and delay damages. The deceased shall complete C with property division registration procedure on the grounds of property division as to the Busan Shipping Daegu G Apartment 108 Dong 1604, and C shall pay the deceased KRW 330 million and delay damages by adjustment of property division.”
(3) Both C and the Deceased filed an appeal against the above judgment. On September 22, 2006, the appellate court (Seoul High Court) dismissed C and the Deceased’s remaining appeal (the above court) while rendering a judgment that “The Deceased shall, with respect to the division of property among the judgment of the first instance, take procedures for the registration of ownership transfer based on the division of property as to the above G apartment 108 and 1604, and C shall pay the Deceased a property division of KRW 130,787,150 and delay damages to the Deceased,” and that “C shall pay a property division of KRW 130,787,150 and delay damages to the Deceased,” and the above appellate judgment was finalized on October 13, 206.
(4) As to the implementation of the divorce judgment of this case on October 18, 2006, C and the deceased’s legal representatives are at KRW 192,716,562 of the judgment amount to be paid to the deceased according to the divorce judgment of this case.