1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On September 12, 2006, the Plaintiff and the Defendant were married couple, and the conciliation, including the following, was concluded from a divorce lawsuit filed by the Plaintiff against the Defendant (Tagu District Court Kimcheon-be 2006Dhap23) to the Defendant.

(hereinafter “instant conciliation clause”). The Plaintiff and the Defendant are divorced.

On September 12, 2006, the Defendant: (a) took procedures for the registration of ownership transfer based on the division of property on September 12, 2006 to the Plaintiff on the two-story retail stores and detached housing buildings (hereinafter “instant real estate”) of the Kumi-si, Kumi-si, C, 159С and its ground reinforced concrete structure, and cement brick slves roof; and (b) the Plaintiff shall pay one half of the monthly rent to the Defendant for two years from the date of receiving the registration of ownership transfer

Provided, That if the plaintiff sells the above land and buildings or it is objectively impossible to lease them due to the redevelopment, etc., he/she shall be exempted from the obligation to pay 1/2 of the above monthly rent.

B. As to the instant real estate, the Plaintiff completed the registration of ownership transfer based on the property division as of September 25, 2006, the Daegu District Court No. 56040, Sept. 25, 2006, which received on September 25, 2006.

C. The Plaintiff and the Defendant divided the monthly rent of KRW 2,200,000 from D, which was received from D, the lessee of the instant real estate pursuant to the instant adjustment clause. D deposited only KRW 800,000 per month with the Plaintiff’s account in the name of the Plaintiff around March 5, 2009, when two years have elapsed from September 25, 2006, when the Plaintiff acquired the ownership of the instant real estate from September 25, 2006.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2, 3, 4, and 13, and the purport of the whole pleadings

2. The assertion and its judgment

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant divide the monthly rent of KRW 2,200,000, which the Plaintiff received from D, the lessee of the instant real estate for two years from the date on which the Plaintiff acquired ownership of the instant real estate pursuant to the instant adjustment clause.