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(영문) 서울중앙지방법원 2015.08.12 2013가단5065010

구상금

Text

1. As to the Plaintiff, Defendant A’s KRW 47,363,981 and KRW 46,91,808 among them, the same year from February 28, 2013

7.6.

Reasons

A. Although the debtor asserts that the debt should be deducted from the debt amount subject to division of property, in order to determine the existence of agreement on division of property of this case, the time of agreement on division of property of this case shall be based on the time of agreement on division of property of this case, and in the event the debtor pays the debt with the existing positive

Therefore, even if Defendant A paid a part of the purchase price of the Seodaemun-gu building in this case as the selling price of the building in this case, the above assertion by Defendant B is without merit, since it does not have to be deducted from the property of the husband and wife.

C. According to the division of the property of this case, according to the division of the division of the property of this case, Defendant B shall possess the following property (the market price is equivalent to 307,50,000 won). <2> The instant housing (the market price is equivalent to 128,300,000 won) of Gwangju City (the market price is equivalent to 91,800,000 won) <30,000,000 won when selling the building of this case according to the division of the property of this case (the sale of the Seodaemun-gu building of this case), according to the division of the division of the property of this case (the sale of the Seodaemun-gu building of this case is limited to 80,00,000,000 won when the lease deposit of this case was returned to Defendant A, which exceeds 510,318,9427,60,000 won (the total amount of the common property of the Defendants at the time of the consultation of this case).

Pro rata property <1> The Seodaemun-gu building of this case (the market price shall be 3,400,000,000 won) <1> The property division of this case (1,728,178,082 won (2) the secured debt of the right to collateral against the right to collateral security against the Dongjak-gu Ma in the future Savings Bank <2,315,765 won (3), 200,000,000 won (the secured debt of the right to collateral security against H in the right to collateral security against G), 570,000,000 won (the secured debt of 80,14,430,000 won (the market price shall be 460,000 won) against J.