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(영문) 대전지방법원천안지원 2019.04.03 2018가단106834

약정금

Text

1. The Defendant’s KRW 79,090,370 for the Plaintiff and 5% per annum from December 6, 2018 to April 3, 2019.

Reasons

1. Basic facts

A. Upon completion of the marriage report on April 6, 1971, the Plaintiff and C had the Defendant D in South-Nam and South-Nam.

B. On March 29, 2017, the Plaintiff filed a lawsuit against C for divorce, etc. under the Daejeon Family Court Support 2017ddan50980.

1. The plaintiff and C shall be divorced.

2. C shall implement the registration procedure for transfer of ownership based on donation to the following: (a) each real estate listed in the separate sheet as property division to the Plaintiff.

3. The plaintiff renounces the remaining claims, and both the plaintiff and C do not claim against the other party for consolation money or division of property, etc. other than those set forth above.

On September 18, 2017, mediation was concluded between the Plaintiff and C during the said lawsuit.

C. C On October 17, 2017, according to the agreement in the instant conciliation, on October 17, 2017, upon completing the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant based on donation.

The Plaintiff demanded the Defendant to dispose of each of the instant real estate and pay money equivalent to 1/2 of the amount calculated by deducting taxes, etc. from expenses, after the transfer of the registration of ownership transfer from C.

The defendant received the above demand from the plaintiff and stated in the pocket book possessed by the plaintiff as "as a way to divide it into two parts."

(hereinafter) The above arrangement established between the Plaintiff and the Defendant (hereinafter “instant arrangement”). 【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 5, and the purport of the entire pleadings

2. The assertion and judgment

A. The agreement of this case between the plaintiff 1's assertion of the parties provides that the defendant shall pay 1/2 of the disposal price to the plaintiff if the deadline arrives after setting the point at which the defendant disposes of each of the real estate of this case as an indefinite deadline.

The defendant is a condition to dispose of each real estate of this case.