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(영문) 울산지방법원 2016.03.08 2015가단60152

손해배상(기)

Text

1. The instant lawsuit shall be 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 on January 28, 2010, which completed the marriage report, and the agreement was married on July 27, 2015.

B. On December 6, 2011, the Plaintiff was aware of the instant apartment. (1) On December 6, 201, Ulsan-gu Seoul Metropolitan Government 102 Dong-dong 702 (hereinafter “instant apartment”).

(2) On January 2, 2015, the Defendant, on behalf of the Plaintiff, sold the instant apartment in the amount of KRW 418 million on behalf of the Plaintiff, and received the down payment amounting to KRW 41 million on the day of the contract from D and received all the purchase payments thereafter.

3) On March 13, 2015, the registration of transfer of ownership in the name of D was completed with respect to the instant apartment. (C) The Plaintiff and the Defendant agreed on June 25, 2015 before filing the report of the divorce between the agreement and the agreement, and the notary public obtained the certification of the said agreement from the original law firm at the rate of law firm in 970 on March 13, 2015.

(hereinafter “instant agreement”). 1. The Plaintiff paid the Defendant a full amount of solatium and division of property, etc., and the Defendant received the full amount.

2. The Defendant agrees to bear the transfer tax following the sale of the instant apartment, and the Plaintiff shall immediately pay the transfer tax to the Defendant, if no agreement is reached.

3. The plaintiff is not liable to the defendant for any civil or criminal liability regarding the work related to the defendant before today.

4. The Plaintiff and the Defendant shall, after doing so, promise the other party not to do any acts such as monetary demand and interference with the private life.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 of the parties concerned is not effective as an agreement to bring an action against the comprehensive legal relationship.

The defendant shall pay 20 million won, registration fees, and loans, etc. among the apartment purchase price of this case.