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(영문) 서울서부지방법원 2016.09.27 2015가단223162

손해배상(기)

Text

1. The Defendant’s KRW 9,013,739 and KRW 1,973,491 among the Plaintiff’s KRW 5% per annum from June 23, 2015 to September 27, 2016.

Reasons

1. Basic facts

A. On February 11, 200, the Plaintiff and the Defendant filed a lawsuit against the Plaintiff, including divorce and consolation money, with the Seoul Family Court 2012Dhap12511, which reported the marriage on February 11, 200, or the Defendant filed a judicial compromise with the following content on March 25, 2014.

(hereinafter “instant conciliation”). The Defendant and the Plaintiff are divorced.

i) The Defendant shall pay 250 million won to the Plaintiff (hereinafter “instant division of property”).

(ii) On March 25, 2014, the Plaintiff: (a) performed the ownership transfer registration procedure on March 25, 2014 with respect to the apartment of 603 neighborhood living facilities of 17th floor reinforced concrete sales facilities in Mapo-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”); and (b) transferred all the rights (title: E; hereinafter “E”) owned by the Plaintiff on the title of the original and the Defendant joint business proprietor located in Mapo-gu Seoul Mapo-gu (hereinafter “E”) to the Defendant, with respect to the title of the business proprietor and the deposit, etc.

iii) Each of the obligations under paragraphs (i) and (ii) above shall be fulfilled at the same time on June 5, 2014. The Plaintiff shall leave from E on April 5, 2014. Before the removal, the Plaintiff shall bear the rent from the Plaintiff, and the Defendant shall bear the rent after the removal. The Plaintiff settled various public charges, such as value-added tax, arising from the business of E by June 4, 2014. The Defendant shall accept from the Plaintiff the entire secured debt (creditor bank and new bank) of the right to collateral security established on the instant apartment.

B. On May 23, 2014, according to the result of the instant conciliation, the Plaintiff performed the registration procedure for transfer of ownership in the name of the Defendant, and paid the registration fee of KRW 1,443,590 at the Defendant’s request, and the same year.

9. On December 12, 199, the registration of provisional attachment was cancelled.

In addition, with respect to E on April 11, 2014.