beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport 1.1.
Reasons
1. The reasoning for this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the part of the judgment on the defendant's argument raised in the court of first instance as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure
The following details shall be added between the five pages of the judgment of the first instance and the three pages:
“The Defendant asserts to the effect that the instant mortgage contract was made with the aim of securing the division of property in the future on the premise of divorce between the Defendant and C. Since the Defendant and C have been divorced, the instant mortgage contract cannot be deemed as excessive division of property beyond a considerable degree, and thus, it does not constitute a fraudulent act.
However, the agreement on the division of property refers to a consultation between the parties who already completed a divorce or between the parties who have not yet been divorced on the division of property, which has been achieved through the cooperation of both parties during the marriage, and in the case of consultation on the division of property on the premise that the parties who have not yet divorced on the basis of the agreement to divorce on the part of the parties who have not yet been divorced on the part of the parties, barring any special circumstance, it shall be deemed that conditional declaration of intention is made on the condition that the divorce is achieved on the part of the parties who have not yet been divorced on the basis of the agreement. Thus, the agreement takes effect only in the case where a divorce is made upon the agreement of the parties after the consultation, and where a judicial divorce (including a divorce by reconciliation or mediation) is made upon the claim for divorce by one party on any ground, the agreement does not take effect due to the non-performance of the conditions (court Decision 9Da3458 delivered on October 24, 200), and where a judicial divorce (including a divorce by reconciliation or mediation) has already been made upon the parties.