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(영문) 수원지방법원 2018.09.13 2017나81304
부인의 소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 169 million and shall pay to the plaintiff the amount of KRW 10 million on January 2016.

Reasons

1. (1) On June 25, 1991, Nonparty A married with the Defendant (her woman), and left the E (D) and G (F) under the chain.

A on September 17, 2007, filed a claim for judicial divorce against the Defendant in the Suwon District Court’s Ansan Branch (2007ddan11164). On November 16, 2007, A divorced from the Defendant through a judicial compromise on November 16, 2007.

(The right to rear children at the time of the above judicial compromise, but there was no specific consultation about division of property or child support. The divorce report was terminated on April 29, 201. (2) A left China on November 17, 2007, the following day after the above judicial compromise was made, and returned home on November 19, 2007.

On January 14, 2008, the defendant moved to the V apartment of the member-gu, Ansan-si. A was registered as the above V apartment from January 25, 2008 to May 15, 201.

(3) Meanwhile, on July 4, 2007, the defendant lent KRW 110 million to A prior to the above judicial compromise. On June 21, 2008, on behalf of the non-party, the defendant leased the real estate listed in the separate sheet (hereinafter “the apartment of this case”) owned by A to the non-party, and received KRW 130 million as the lease deposit, and then appropriated the above KRW 130 million as the above loan of KRW 110 million to A, and thereafter, additionally lent KRW 20 million to A on October 13, 2008.

(4) After the divorce, the Defendant brought up the children while working as X’s accounting staff, the steel product manufacturer, and the Defendant transferred the total amount of KRW 34,903,390 to the Defendant over 15 times from December 2007 to September 30, 2009 as follows.

(5) On May 3, 2011, A, as its sole real estate, donated the instant apartment at the market price of KRW 250 million to the Defendant (hereinafter “instant apartment donation”). Accordingly, on May 6, 2011, the Defendant himself/herself as stated in the purport of the claim regarding the instant apartment.

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