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(영문) 수원지방법원 안양지원 2021.03.02 2020가단103373
기타(금전)
Text

The plaintiff's primary claim is dismissed.

Of the instant lawsuit, the conjunctive claim is dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to D Apartment-gu, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant apartment”) owned by Nonparty C regarding the lease agreement (hereinafter “instant apartment”).

B. On January 27, 2011, the Plaintiff filed a lawsuit for divorce against the Defendant (the Suwon Family Court 201ddan 1399).

(c)

The Plaintiff and the Defendant decided to leave the instant DNA apartment by March 3, 2011, and the lessor concluded a new lease agreement with Nonparty F and the said D apartment on January 29, 201 and leased the lease deposit of KRW 130,000,000.

C Upon entering into a new lease agreement, C paid the Defendant the amount of KRW 105,000,000 in cash with the deposit for lease (hereinafter “the deposit for lease of this case”). D.

A divorce case between the Plaintiff and the Defendant was concluded on December 15, 201 with the following content (hereinafter “instant conciliation protocol”). A conciliation protocol between the Plaintiff and the Defendant is divorced from the Plaintiff.

A. By April 12, 2012, real estate indicated in the Plaintiff’s name shall be sold, and KRW 45,000,000 shall be paid to the Defendant for the division of property.

B. In the event that the Plaintiff fails to sell the above real estate within the said period, it is confirmed that the ownership of the above real estate is finally reverted to the Plaintiff, but the Plaintiff shall pay to the Defendant delayed damages at the rate of 20% per annum from April 13, 2012 to the date of full payment.

3. The Defendant shall withdraw the application for the disposal of the real estate price set forth in Suwon District Court 201 business 38, and shall cancel its execution.

4. Paragraphs 2 and 3 shall be implemented simultaneously.

5. In relation to the divorce of this case in the future, the plaintiff and the defendant will not claim any more of the other parties to divide property and consolation money.

6. The plaintiff waives the remaining claims.

7. The costs of lawsuit and the costs of mediation shall be classified respectively;

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