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(영문) 제주지방법원 2015.11.25 2015나1291

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The plaintiff and the defendant filed a lawsuit of divorce, etc. as the Jeju District Court 2009ddan1009 around March 2009, which had concluded a marriage report by the plaintiff and the defendant, and the defendant filed a lawsuit of divorce and consolation money, etc. as the Jeju District Court 2010ddan125.

In the foregoing case, on September 10, 2010, the Plaintiff and the Defendant are divorced, and the Defendant concluded a mediation with the Plaintiff that each of the 1/2 shares of the CJ 304 square meters and the 1/2 shares of the 304 square meters and the 97.58 square meters and the 1/2 shares of the 1/2 shares among the 1/2 shares of the 304 square meters and the 304 square meters and the 97.58 square meters and the 1.56 square meters and the 1/2 shares of each

(hereinafter) Each of the above divorce cases is “instant divorce lawsuit.” On September 27, 2010, the Plaintiff completed the registration of ownership transfer in its name with respect to 1/2 shares of each of the instant real estate based on the above conciliation protocol.

Then, the Defendant filed a lawsuit claiming partition of co-owned property as to the instant real property (hereinafter “instant co-owned property partition lawsuit”) with Jeju District Court 2010Kadan2012, and conciliation was established on March 24, 201 as follows.

(hereinafter referred to as “instant conciliation clause”). Conciliation clause

1. The Plaintiff shall implement the procedure for the registration of ownership transfer to the Defendant by April 11, 201, on the ground of conciliation on March 24, 2011 with respect to each of the instant real estates.

2. The Defendant shall pay KRW 20,000,000 to the Plaintiff by April 11, 2011.

Provided, That the defendant shall pay damages for delay in addition to the rate of 20% per annum at the time of payment delay.

3. The Defendant shall take over the obligations to Gosan Agricultural Cooperative Co., Ltd. (C. 18,00,000 as of March 24, 201) (C. 18,000,000 as of March 24, 201) one of the real estate listed in paragraph (1)

On the other hand, Seoul Guarantee Insurance Co., Ltd. with the claim amount of December 21, 2010 KRW 20,000,000.