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(영문) 의정부지방법원 2016.10.05 2015가단119871

약정금

Text

1. The Defendant’s KRW 46,002,952 as well as the Plaintiff’s KRW 5% per annum from October 30, 2015 to October 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant completed a marriage report on February 17, 2004, and live as a legally married couple, and purchased each land listed in attached Table 1 through 4 (hereinafter “each land of this case”) on November 20, 208, jointly and completed a joint registration of co-ownership on January 16, 2009, by jointly purchasing each land listed in attached Table 1 through 4 (hereinafter “each land of this case”).

B. On January 28, 2009, the Plaintiff completed the registration of ownership transfer for one’s own shares among each of the instant lands on the ground of donation on the same date, and thereafter, the building listed in attached Table No. 5 (hereinafter “instant building”) was constructed on the land No. 1, and the registration of ownership transfer was completed on September 21, 2009 on September 21, 2009.

C. On October 23, 2013, the Plaintiff filed a lawsuit against the Defendant for divorce, etc. with the District Court 2013Dhap2458, and as a result, the conciliation was concluded on September 5, 2014 (hereinafter “instant conciliation”), and the main contents of the conciliation clause are as follows.

① The Plaintiff and the Defendant are divorced.

② After selling each of the instant real estate, the Defendant shall divide the remainder after deducting the amount of the collateral security obligation established on the said real estate from the Plaintiff, in addition to the Plaintiff’s obligee applying for the auction of the Government District Court C, and the amount of the collateral security obligation established on the said real estate.

③ In the event that each of the instant real estate was sold for auction cases in the District Court C District Court and the Defendant receives surplus funds, the Defendant has divided the surplus funds paid to the Defendant into one half of the Plaintiff and one half.

(4) Property (including claims and debts) in the name of the plaintiff and the defendant, other than those prescribed above, shall belong to each person.

(5) The plaintiff and the defendant were before the time of this conciliation and are related to marital life or divorce.