beta
(영문) 의정부지방법원고양지원 2019.04.10 2018가단89660

청구이의

Text

1. The Defendant’s notary public’s office C office against the Plaintiff, 2015, No. 417, Oct. 7, 2015.

Reasons

1. Basic facts

A. On October 7, 2015, the Plaintiff and the Defendant drafted a notarial deed of a divorce agreement (hereinafter “notarial deed of this case”) with the following content as the No. 417 of a deed of preparation of a notary public C office on October 7, 2015.

Article 3 (Property Division and Condolence Money)

1. The plaintiff Gap shall be a consolation money to the defendant Eul;

(a) the transfer of the ownership of D apartment and E in the former North Chang-gun of the Defendant’s name;

(b) From October 11, 2015 to January 10, 2019, each 500,000 won shall be paid on the 10th day of each month and January 31, 2019, respectively.

C. Where the Plaintiff died before January 31, 2019, the Plaintiff shall pay KRW 100 million out of the aggregate of the bereaved family pension and retirement benefits to be received at the time of death to the Defendant.

B. On May 29, 2018, the Defendant sold D apartment E units F as indicated in the foregoing paragraph (a).

C. The Plaintiff paid to the Defendant KRW 6.2 million out of the installment payments of KRW 19.5 million as stipulated in Article 3.1-1(b) of the Notarial Deed, but did not pay KRW 70 million, which was promised to pay by January 31, 2019.

Based on the instant notarial deed, the Defendant applied for a seizure and collection order against the Plaintiff’s claim, such as the Plaintiff’s benefits, by designating the Plaintiff as the debtor, the Republic of Korea as the third debtor, and applied for a seizure and collection order against the Plaintiff’s claim, etc. on July 16, 2018, and issued an order of seizure and collection ordering the order of seizure and collection. The costs of executing the above seizure and collection order are KRW 185,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. As seen earlier, the Plaintiff’s payment of KRW 13.3 million out of the amount of installment payment stipulated in the instant notarial deed to the Defendant, and KRW 185,00,000, which promised to pay up to January 31, 2019, and KRW 70,000,000, which was promised to execute the execution order for the seizure and collection of the said claim is not paid. On the other hand, the Plaintiff’s survival is obvious in this court, and thus, the obligation to pay KRW 100,000,000 under Article 3(1)(c) of the instant notarial deed