(영문) 수원지방법원 2017.01.17 2016가단513919

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(영문) 수원지방법원 2017.01.17 2016가단513919

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant terminated a de facto marital relationship by maintaining a de facto marital relationship, and on October 13, 2015, the conciliation between the Plaintiff and the Defendant was established as follows (hereinafter “instant conciliation”):

1. The Plaintiff shall pay to the Defendant a property division of KRW 1.35 billion up to January 13, 2016, and if the payment is delayed, damages for delay shall be paid at the rate of 5% per annum from the day immediately following the payment date to the day of full payment.

2. The Defendant shall comply with the Plaintiff’s procedure for the registration of ownership transfer concerning the entire shares in the Defendant’s name as to the Plaintiff’s above-mentioned shares in the Kuwon-si C, Suwon-gu, 399m2 and its ground buildings (

3.1Each obligation under paragraphs 1 and 2 shall be simultaneous performance.

4. At the same time, the procedure for the registration of ownership transfer as described in paragraph (2) is implemented, the defendant will transfer to the plaintiff all the business rights concerning "Del" operated by the real estate as described in paragraph (2) as of the date the mediation of this case is completed and take over by the plaintiff.

5. The plaintiff shall take over the total amount of the collateral security debt as of the date the conciliation of this case concerning the real estate in the name of the defendant as of the date when the procedure for the registration of ownership transfer concerning the entire shares in the defendant's name was transferred.

6. The defendant shall cooperate in the loan execution procedure with the real estate mentioned in paragraph (2) as collateral.

B. On January 12, 2016, the Plaintiff deposited KRW 1,350,00,000 with the Defendant as the principal deposit, designating the “transfer registration of ownership regarding the entire shares in the name of the Defendant in the real estate (hereinafter “instant real estate”) and the “transfer of the business rights to DNA cartels” as a consideration.

C. As to the instant real estate, the Plaintiff shared 4/10 shares and 6/10 shares in Defendant 10.

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