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(영문) 서울고등법원 2015.10.28 2014나50670
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. (1) Joint Defendant C of the first instance trial (hereinafter “C”) completed the registration of ownership transfer in its name with respect to the land listed in Annex 1(1) on October 2, 1997. Around January 10, 1999, the joint Defendant C of the first instance trial (hereinafter “C”) newly constructed a building listed in Annex 1(2) on the ground and completed the registration of preservation.

(2) On September 17, 1994, C succeeded to 1/6 shares of each real estate listed in the separate sheet No. 2, which was owned by the deceased E, the mother on September 17, 1994. On May 29, 2001, the Plaintiff filed an application for registration of preservation of ownership by subrogation of C and other co-inheritors, including C and Defendant E, after receiving a decision of provisional seizure of real estate by Seoul District Court 2001Kadan2964.

As a result, the registration of ownership preservation in the name C was completed on June 9, 2001 by the Busan District Court, Busan District Court No. 23897, which received on June 9, 2001 with respect to the 1/6 shares of each real estate listed in the separate sheet No. 2 list (hereinafter “2 real estate of this case”).

B. (1) The Plaintiff and C were married on June 7, 1978 and were married with two children, and they were married with them. On May 1999, C filed a divorce lawsuit against the Plaintiff, Seoul Family Court 99ddan39398, and received a favorable judgment on August 3, 1999.

Therefore, although the plaintiff filed an appeal and the appeal, the Seoul Family Court dismissed the plaintiff's appeal on October 26, 200 in the case No. 99Reu1490 on October 26, 200, and the Supreme Court dismissed the plaintiff's appeal in the case No. 200Meu1561 on February 23, 2001 and the above divorce judgment became final and conclusive.

(2) On August 19, 200, the Plaintiff filed a claim against C for the property division judgment with Seoul Family Court Decision 2000Rahap75, and on November 13, 2003, the Plaintiff decided that “C shall pay the Plaintiff the property division of KRW 1,130,000,000 to the Plaintiff.” The Seoul High Court, which is the appellate court, on October 31, 2005, made the procedure for the registration of ownership transfer on the ground of the property division on each real estate listed in the separate sheet No. 3 to the Plaintiff.

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