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(영문) 의정부지방법원 2020.05.14 2019나207067
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On May 9, 1998, the Plaintiff married with the Defendant.

On December 17, 2009, the Plaintiff and the Defendant completed the registration of ownership transfer with respect to each of 1/2 shares of Seongdong-si Factory D (hereinafter “instant apartment”).

B. From around 2012, the Plaintiff and the Defendant brought a lawsuit for divorce, etc. and divorced judicial proceedings (the principal lawsuit), which became final and conclusive on March 10, 2014, the judgment of the instant case (hereinafter referred to as “prior judgment”) became final and conclusive on the grounds that the judgment of the lower court became final and conclusive on March 10, 2014.

Property division and child support among them are as follows:

As a result of division of property, the Plaintiff received KRW 154,520,000 from the Defendant, while performing the registration procedure for transfer of ownership with respect to one-half shares of the instant apartment based on the fixed date of the judgment, and the Defendant shall pay KRW 154,520,00 to the Plaintiff at the same time upon the Plaintiff’s performance of the registration procedure for transfer of ownership with respect to the said shares. The Defendant shall be exempted from the obligation to repay the secured debt of the right to collateral security and the lease deposit amount of KRW 340,000,000, which is the maximum debt amount set forth in the instant apartment.

The child support of the principal of the case (the plaintiff and the defendant's children) shall be 12,00,000 won and 1,000,000 won each month from October 31, 2013 to March 21, 2018, and 500,000 won each month from the next day to May 31, 2021 shall be paid to the plaintiff as of the last day of each month.

C. On December 6, 2017, the Plaintiff and the Defendant sold each of the instant apartment units in KRW 850,000,000 among the instant apartment units to E, and completed the registration of ownership transfer on January 24, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 5 (including each number), and the purport of the whole pleading

2. Unlike the method of division of property ordered in a final and conclusive judgment, the Plaintiff and the Defendant sell the instant apartment to a third party.

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