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(영문) 광주지방법원 2019.07.17 2018가단25835

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Gwangju Family Court filed a claim for divorce (principal lawsuit), 2014dan5365 (Counterclaim divorce), etc. with the Defendant on October 13, 2015. Division of property, the Plaintiff shall take procedures for the registration of ownership transfer with respect to 1/2 shares of real estate listed in the attached Table 1 to the Defendant by December 18, 2015, and the Defendant shall pay the Plaintiff KRW 67 million by December 18, 2015. The Defendant shall pay the Plaintiff KRW 50 million in total, KRW 10 million in real estate listed in the attached Table 1 and KRW 200,000 in real estate listed in the attached Table 1, KRW 50,000 in total, KRW 10,000 in total, KRW 200 in real estate listed in the attached Table 2, and KRW 130,000 in total, KRW 300,000 in total, KRW 206 in the attached Table 206 in each of the above cases.

B. On January 3, 2018, regarding the Plaintiff’s 1/2 shares among the real estate listed in the attached list 1, the registration of the transfer was completed to the Defendant on January 3, 2018, and the registration of the establishment of a neighboring mortgage in the name of the Plaintiff, a maximum debt amount of KRW 130 million for each of the said real estate, and C Association, a debtor, was cancelled on January 23,

C. From December 11, 2015 to December 11, 2017, a certificate of payment of the principal and interest of loan was prepared in the name of D availabledong Branch in which KRW 116,036,166 was paid in total.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff is obligated to, pursuant to the aforementioned conciliation clause, to take over the secured obligation of the said right to collateral security on October 13, 2015 with the Defendant’s exemption from liability, but the principal is 100 million won on January 23, 2018.