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(영문) 의정부지방법원고양지원 2017.08.30 2017가단820
근저당권설정등기에 대한 말소 등
Text

1. Defendant B shall support the Plaintiff (Counterclaim Defendant) with respect to the real estate stated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 6, 2016, the conciliation was concluded between the Plaintiff and the Defendant (Counterclaim Plaintiff) on the case of divorce and consolation money, etc. with the District Court Decision 2015Reuu372 dated April 6, 2016, and the conciliation protocol was prepared. The main contents are as follows.

Until May 30, 2016, the Defendant-Counterclaim Plaintiff (hereinafter “instant apartment”) implemented the registration procedure for transfer of ownership based on the division of property as of the real estate indicated in the attached Table (hereinafter “instant apartment”) on the Plaintiff by the date of the said mediation.

The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) shall implement the procedure for registration of cancellation of the establishment registration of a mortgage on the apartment of this case, which was established on April 30, 2016, as of February 8, 2007, which was completed on February 3220.

The plaintiff shall bear the past and future management expenses, taxes, etc. concerning the apartment of this case.

The Plaintiff received a loan from the Defendant (Counterclaim Plaintiff) as security and pays KRW 139 million to the Defendant (Counterclaim Plaintiff) on the same day on the same day. If the Plaintiff delayed the payment of the above amount to the Defendant (Counterclaim Plaintiff) by the payment date, the Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

By May 30, 2016, the Plaintiff implemented the procedure to change the beneficiary of Samsung Life Insurance [Tststststrute Insurance (Contract Date December 11, 1998), New winding Life Insurance (Class 2), Non-Party 3 Insurance (Contract Date December 11, 1998), and Non-Party 3 Insurance (Contract Date November 2, 2001) as the insured of the Defendant-Counterclaim Plaintiff into D.

B. However, by April 30, 2016, the Defendant (Counterclaim Plaintiff) failed to implement the procedure for registration of cancellation of the establishment registration of a nearby the instant apartment, which was established on the instant apartment by February 8, 2007, and only on February 6, 2017, after the instant lawsuit was filed, the procedure for registration of cancellation of the establishment registration of a nearby apartment was implemented.

Moreover, the same applies to the Plaintiff.

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