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(영문) 서울중앙지방법원 2016.01.14 2014가단5332946
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 76,545,00 to the Plaintiff (Counterclaim Defendant) for KRW 76,545,00 and its amount from June 1, 2013 to October 8, 2015.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. The plaintiff and the defendant completed the marriage report on June 20, 1989, and C and D were born among them.

B. The Plaintiff and the Defendant brought a lawsuit seeking divorce, consolation money, division of property, etc. as the principal lawsuit and counterclaim against the Seoul Family Court No. 2011p207, 2011p20214, etc., and the said lawsuit was concluded on January 16, 2012 (hereinafter “instant conciliation”).

C. The main contents of the instant conciliation are as follows.

1. The plaintiff and the defendant are divorced.

2. Property division:

A. By May 31, 2013, the Defendant sold the Gwanak-gu Seoul Special Metropolitan City E-building 202 (hereinafter “instant real estate”) and then paid 35% of the outstanding sales proceeds after deducting various sales expenses, such as loans of KRW 14 million (the Defendant’s interest rate up to the time of sale), taxes and public charges, and real estate brokerage expenses, from the sales proceeds.

B. In addition, the active negative property in both names as of the date the conciliation of this case is completed shall belong to each holder of the title.

3. At the same time, the Plaintiff received all the above money from the Defendant, the Seoul Family Court 201 business group 1309, cancelled execution of provisional seizure against real estate, and withdraw the application.

8. Both parties shall not claim against the other party money under any pretext, such as consolation money and division of property, in connection with the divorce of this case.

9. The defendant asserts the remainder of the principal claim, and the plaintiff waives the remainder of the counterclaim.

The defendant on January 12, 2015

5. The procedure for the registration of ownership transfer was completed to the above C on the ground of sale and purchase.

(The value of the transaction recorded in the register shall be KRW 15 million). (e)

On February 3, 2015, the Defendant deposited the deposited amount of KRW 3.50,00 as Seoul Eastern District Court No. 451, 2015 with the Plaintiff as the Plaintiff, and the fact that the deposit was the cause was that the said money was deposited as the repayment of the obligation pursuant to Article 2-A of the instant conciliation protocol.

(f).

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