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(영문) 수원지방법원평택지원 2019.11.13 2018가합932
약정금
Text

1. The Defendant’s KRW 380,000,000 as well as the annual rate of KRW 5% from May 12, 2017 to November 29, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were legal couple for 19 years after they remarried on July 18, 1998.

B. The Plaintiff and the Defendant purchased each real estate listed in the separate sheet on August 17, 201 (hereinafter “instant real estate”) and completed the registration of ownership transfer in the name of the Plaintiff.

In the first floor of the real estate of this case, two-class neighborhood living facilities (general restaurants) and two-storys are detached houses.

C. From October 15, 2016, the Plaintiff and the Defendant operated a restaurant called “C” on the first floor of the instant real estate from around October 15, 2016.

After completing the consultation procedure on divorce, division of property, etc. on December 2016, the Plaintiff and the Defendant filed an application for mediation with this court as 2016pp2108 around February 8, 2017. As a result of the mediation, the following mediation protocol was established:

(hereinafter referred to as “instant protocol of mediation,” and the content thereof is referred to as “instant protocol of mediation”). Conciliation clause

1. The plaintiff and the defendant are divorced.

2. The Plaintiff shall implement the registration procedure for transfer of ownership based on the division of property regarding the instant real estate to the Defendant.

3. If the Defendant sold the instant real estate, the amount of KRW 600 million out of the purchase price shall be paid to the Plaintiff as a division of property.

4. Except as provided above against the other party in the future, the plaintiff and the defendant shall not claim monetary money on any pretext, such as consolation money and division of property in relation to the divorce of this case.

E. On February 21, 2017, the Plaintiff completed the registration procedure for ownership transfer of the instant real estate to the Defendant pursuant to the instant adjustment clause.

F. On May 12, 2017, the Defendant applied for a loan to the Association and provided the instant real estate as collateral. At the time of the loan examination, the appraised value of the instant real estate was assessed as KRW 1,803,00,600.

The Defendant created the right to collateral security with the said DD association as the mortgagee and the maximum debt amount of KRW 1.418 billion on the instant real estate, and received a loan of KRW 1.182 million from the said Credit Union.

G. The defendant.

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