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(영문) 서울중앙지방법원 2018.01.17 2017가단64782
손해배상 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the husband and wife of the Defendant. On March 14, 2017, the Defendant filed an application with the Plaintiff for conciliation against the Plaintiff for divorce and consolation money of KRW 20,000,000, and division of property. As a result, on May 25, 2017, the said court had concluded conciliation with the following content.

1. The claimant and the respondent shall be divorced;

2. Property division:

A. The respondent shall implement the registration procedure for transfer of ownership based on the division of property based on one-half share in the respondent’s name among each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the applicant’s name.

B. The Claimant shall pay to the Respondent KRW 220 million, an amount equivalent to the sum of two secured loans of Han Bank ( KRW 100 million, KRW 120 million, KRW 120 million, and KRW 100,000,000,000,000,000 per each of the instant real property.

C. The Claimant shall fully and partially exempt the respondent from the obligation to return the lease deposit of the building listed in Section 2 of the Attached List.

A. The respondent

b) Obligations of the State and the applicant’s status.

subsection (c),

Each obligation under paragraph shall be simultaneously discharged.

E. In addition to the above, the remaining applicants and the respondent's active and passive properties all belong to each person as defined in their names.

3. Except as provided above, the claimant and the respondent shall not claim any and all property claims, such as consolation money or division of property, in connection with the marriage and divorce of this case.

4. The applicant shall waive the remainder of the claims.

5. Expenses for mediation shall be borne by each person;

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's assertion and the defendant are the secured debt of the right to collateral security, which amounts to 156,00,000 of the maximum debt amount with respect to each of the instant real estate before the conciliation is established.

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