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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 15, 2014, the Plaintiff was the husband and wife of the Defendant. On November 27, 2014, the Defendant filed a divorce lawsuit against the Plaintiff by Suwon District Court 2014Dhap50351 (hereinafter “instant divorce lawsuit”). On November 27, 2014, the conciliation was concluded with the following purport: (a) on the condition that the Plaintiff would pay to the Defendant a property division or consolation money of KRW 480 million; (b) on the other hand, the Plaintiff would waive all additional claims related to divorce, such as consolation money, property division, etc., against each other after the date the conciliation is completed; and (c) would not file any dispute (including both civil, criminal, and household affairs).
B. The Plaintiff, at the complaint of the instant divorce lawsuit, included the Gangnam-gu Seoul Metropolitan Government C Apartment 3 and 303 (hereinafter “instant apartment”) as the Plaintiff’s active property, and included the obligation to return the lease deposit for the instant apartment as the small property, and the Defendant also acknowledged it through the preparatory document.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings
2. The plaintiff asserts that the defendant, as the plaintiff's representative, agreed to return KRW 115 million, out of KRW 230,000,000 to the lessee at the time of the termination of the lease agreement, 1/2,000,000 of the lease deposit to be returned to the lessee, but did not return it. Thus, the defendant asserts that the above KRW 115,00,000 and damages for delay should be paid to the plaintiff.
As to this, the Defendant’s obligation to return the lease deposit for the instant apartment was divided into the Plaintiff’s passive property at the time of the instant divorce lawsuit, and thus, the Plaintiff’s claim to pay 1/2 out of the lease deposit is a claimant related to the division of property between the Plaintiff and the Defendant. Accordingly, according to the conciliation decision that was made in the instant divorce lawsuit.