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1. The judgment of the court of first instance is modified as follows.
Of the lawsuit of this case, the part of the plaintiff's claim for cancellation of sales reservation.
Reasons
1. Basic facts
1. D and B shall be divorced.
2. D shall be paid 20 million won as consolation money to B until December 30, 2014.
3.(a)
D implement B the registration procedure for transfer of ownership due to the division of property of this case, such as divorce, with respect to shares owned by D among each real property listed in the separate sheet (the real property in this case);
B. Each property in the names of D and B, except the instant real estate, shall be finally reverted to each nominal owner, and each debt in D and B shall be confirmed to be the debt of each nominal owner.
4. D and B shall not claim monetary under any pretext, such as consolation money or division of property, in connection with the divorce of this case, except as provided above against the other party in the future.
5.B waives the remainder of claims. A.
Defendant B was the couple with D, and on November 7, 2014, the Seoul Family Court 2014da323164 filed a divorce lawsuit against D on the grounds that the said lawsuit became final and conclusive on December 13, 2014 with the following content.
B. According to the above decision of recommending reconciliation, the share transfer registration (the share transfer registration of this case) was completed on December 13, 2014 as the receipt of the Seoul Western District Court No. 64217, Dec. 30, 2014, as to the share of D 1/2 of the instant real estate due to the division of property (the division of property of this case) on December 13, 2014.
C. On October 2, 2015, Defendant B entered into a pre-sale agreement with Defendant C on the instant real estate (the instant pre-sale agreement) and completed the provisional registration of the right to claim ownership transfer (the instant provisional registration) as Seoul Western District Court No. 67052, Oct. 12, 2015.
D operated a house with the trade name of “F” in the building located in Gangnam-gu Seoul, Seoul, and the Plaintiff supplied various living vessels to the above house in accordance with D’s order from around 2009 and continued transactions.
On December 13, 2014, where the division of property between D and the Defendant B became final and conclusive, the Plaintiff’s claim for the payment for the goods against D was KRW 31,072,000.