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(영문) 서울동부지방법원 2017.07.20 2016가단36745
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 as well as the annual rate of KRW 5% from February 9, 2015 to July 20, 2017 to the Plaintiff.

Reasons

1. The following facts are recognized in full view of the purport (including the fact that there is no dispute) of the entire pleadings in each statement of Gap evidence Nos. 1 through 5 of the basic facts:

On February 13, 1972, the Plaintiff married with the Defendant. On July 9, 1982, the Plaintiff purchased a house of 152 square meters (hereinafter “instant site”) and its ground (hereinafter “instant house”) and acquired ownership, and thereafter resided therein.

On October 8, 1998, the Plaintiff agreed to divorce with the Defendant at the request of the Defendant with the status of 1 South and North Korea, and reported the divorce accordingly. As part of the division of property, on December 18, 1998, the Plaintiff transferred the ownership of the instant building site and housing to the Defendant.

Since then, the Defendant resided with his children in Seoul, and entered the instant housing site and housing sales contract with D on January 11, 2015, and notified the Plaintiff thereof. On February 9, 2015, the Defendant was unable to remove the locking device of the instant housing through E and enter the instant housing site for the purpose of cleaning for preparation for the sale.

On February 16, 2015, the Defendant transferred the ownership of the instant building site and housing to D.

2. Occurrence of liability for damages;

A. The Plaintiff, who divorced with the Defendant, transferred the ownership of the instant land and housing under the pretext of division of property, and the Defendant thereafter did not have resided in the instant housing as seen earlier. In full view of the overall purport of the pleadings and arguments in the entries and videos of the evidence Nos. 6 through 11 (including each number), the Plaintiff had been registered as a resident of the instant housing for the most recent years before the Defendant sold the instant land and housing, and there were many things that the Defendant would have been owned by the Plaintiff during the period of cleaning the instant housing through E before the Defendant transferred the ownership of the instant land and housing before he transferred the ownership of the instant housing to D.

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