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서울남부지방법원 2015.12.17 2015가단204186

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In 1971, the Plaintiff and the Defendant, a Korean national in China, were married from China to their offspring C, D, and E, but they were divorced by a judgment of the People's Court in 195.

B. On November 1996, the Defendant purchased 27 and 502 members of 27 and 502 of 3 members of 27 and 502 of the Fdong-gu, Chungcheongnamdong-gu, China (hereinafter “instant apartment complex”) in the Republic of Korea. Around 1999, the Defendant forced the Plaintiff to be detained in the Republic of Korea and returned to China, and had the Plaintiff reside in the instant apartment complex from around 200 to around 200 upon receiving the Plaintiff’s request.

C. The Defendant informed the Plaintiff to dispose of the instant apartment due to a Korean business depression and marriage between South and North Korea. However, around May 30, 2012, the Plaintiff was released against the Plaintiff, and at the time, the Defendant presented to the Defendant a letter of guarantee (hereinafter “the letter of guarantee in this case”) stating that “The apartment in this case was owned by the Defendant,” the Defendant paid to the Plaintiff a lump sum payment of KRW 120,00,00 for the People’s Republic of China monetary People’s Republic of China, and KRW 5,00 for the monthly living expenses from March 1, 2012 to every lifelong year, and if the Defendant is unable to pay the Plaintiff’s living expenses due to his/her failure to perform his/her work, C and D shall continue to be paid to the Plaintiff, who is the Defendant, but if the Defendant did not perform his/her work, the Defendant presented to him/her a letter of guarantee (hereinafter “the letter of guarantee in this case”).

Around May 2012, the Defendant sold the instant apartment to the People’s Republic of Korea 445,000, and paid 130,000 bills to the Plaintiff. The Defendant and South Korea paid the said cost of living to the Plaintiff by not later than 2013.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant raises objection to the plaintiff.