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(영문) 울산지방법원 2016.02.16 2015가단13965
손해배상(기)
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 parties’ relationship between the Plaintiff and the Defendant were married and married on December 24, 2009, upon which the marriage report was completed, and a judicial divorce was made as follows.

B. On August 23, 2011, the Plaintiff and the Defendant filed a divorce lawsuit, consolation money, and a claim for the division of property (hereinafter “instant divorce lawsuit”) with the Ulsan District Court 2012Dhap65 (No. 2011ddan8560, before the principal lawsuit and the transfer). The Plaintiff filed a divorce lawsuit, a claim for the division of property, and a claim for the division of property (hereinafter “instant divorce lawsuit”).

(2) On December 6, 2012, the court of the first instance rendered a judgment that dismissed the Defendant’s claim for annulment of marriage, and that the Plaintiff and the Defendant would divorce with the Defendant. However, the Plaintiff would pay consolation money of KRW 15 million to the Defendant. As a result of division of property, the Defendant transferred 1/2 shares of the real estate listed in attached Table 2 (hereinafter “C apartment”) to the Plaintiff, and the Plaintiff would be exempted from the obligation to return lease deposit for each real estate listed in attached Table 2, and the Plaintiff would pay KRW 59 million to the Defendant and delay damages.

3) On July 11, 2014, both the Plaintiff and the Defendant appealed against the above judgment of the first instance court, and the court of the second instance (the Busan High Court 2013Reu49 (principal lawsuit), and 2013Reu56 (Counterclaim) (Counterclaim), the Plaintiff and the Defendant dismissed the Defendant’s claim for the revocation of marriage, and the Plaintiff and the Defendant are divorced, but the Plaintiff paid consolation money and delay damages to the Defendant, and the Defendant would transfer 1/2 shares out of C apartment to the Plaintiff as division of property, and the Plaintiff would pay 52 million won and delay damages to the Defendant. 4) The above judgment of the second instance court became final and conclusive as it is by the judgment of the court of the second instance on November 13, 2014, which rendered that the Plaintiff would transfer 1/2 shares out of C apartment and pay 52 million won and delay damages to the Defendant.

C. The defendant's provisional seizure and the plaintiff's provisional seizure 1) The plaintiff's real estate stated in attached Table 1 (hereinafter referred to as "D.") on January 8, 209.

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