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(영문) 수원지방법원 2015.08.20 2014가단537188
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant completed the marriage report on May 2, 2003, and had C and D left as a legally married couple, and left C and D as their children.

B. On August 16, 2011, the Plaintiff filed an application for confirmation of the intention of divorce with the Defendant with the Suwon District Court 2011No. 287, Suwon District Court, the Suwon District Court, and in the instant case, the Plaintiff prepared a statement of child support liability (a certificate No. 1; hereinafter “instant child support obligation statement”) stating that “if a divorce declaration is filed against the Defendant pursuant to the instant case, the Plaintiff will pay to the Defendant the Defendant the child KRW 400,000 per month from the next day of the report of divorce with the child support for the minor up to the day before the child reaches the age of each adult age, the Plaintiff shall pay the child KRW 40,00 per month for each child.”

C. The Plaintiff and the Defendant completed the report of divorce on August 22, 2011.

On December 12, 2013, the Defendant applied for a collection order for the seizure and collection order of the instant child support under the Suwon District Court 2013TT 28872, based on the original copy of the instant child support statement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. After preparing the record of the instant child support liability, the Defendant asserted that it is difficult for the Plaintiff to live each month as the Defendant’s monthly child support. At the time of divorce, at the time of divorce, the Plaintiff, the Defendant, and his/her children together, demanded donation of No. 101, Dong 1, Dong 101 (hereinafter “instant real estate”) on the ground of the wife population G 1, which was located in the Plaintiff’s possession of the Plaintiff, and agreed to accept the Plaintiff, and the Plaintiff agreed to grant the instant real estate to the Defendant instead of the obligation to pay the child support under the instant child support

Therefore, since the plaintiff's obligation to pay the child support under the child support statement of this case has expired, the plaintiff's enforcement based on the child support statement of this case is enforced.

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