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(영문) 대전지방법원 2016.05.12 2014가합7227

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant purchased the instant real estate on November 20, 209 and completed the registration of ownership transfer on January 4, 2012.

Written Evidence (Evidence A No. 3) No. 14 July 14, 2014, B wants to get a divorce by telephone for Chyma Amera, so that B wants to do so.

D. The apartment ownership of D 1206-1402 is under the joint name between A and C at the time of divorce (the amount of marriage funds and the parent's liability for 150 million won).

b. B is the property of the marital community when it is well living without divorce, and as the property of the marital community, B is the spouse, and the remaining life.

(b) under joint names within one week, in the case of an agreement with C and a good-quality life well;

b. On July 14, 2014, B wanting to divorce by telephone for Donma A, which occurred as a promise to cope with B's affairs and address comments on the Donma's end, and as a result, B did not comply with B by July 19, 2014, but B did not comply with it by July 22, 2014 (U.S.). As for the apartment ownership of Da1206, 1402, Daejeon U.S. apartment ownership by July 22, 2014 (U.S.).

at the time of the establishment of the joint name, the amount of 150,000 won to the marriage fund and the relatives of the government at the time of the establishment of the joint name shall be set as the joint name.

(b) if it will live without divorce with C, but if it will be done under a joint name A for it, at the end of the joint name.

b) in addition, if not complying with the above commitment, B gives A with respect to the amount presented.

B. On December 14, 201, the Defendant reported the marriage to C, who is his/her father and wife, but said, on July 14, 2014, that the Plaintiff would have to proceed to divorce with C, and on the same day, written up each of the following descriptions between the Plaintiff and the Plaintiff (hereinafter “each of the instant letters”).

On September 23, 2014, the Defendant and C shared consultations. On October 15, 2014, the Plaintiff received a provisional attachment order (hereinafter “instant provisional attachment”) regarding the instant real estate by deeming that the claim amounting to KRW 150 million as the agreed amount claimed on October 15, 2014 was a right to be preserved.

[Ground of recognition] dispute.