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(영문) 서울동부지방법원 2015.01.23 2014나3810
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the Defendant married in 1976 and married in C et al. and married in 1984, but maintained a de facto marriage relationship until 2002.

After the de facto marital relationship is terminated, the Plaintiff filed a lawsuit claiming the payment of consolation money and the division of property against the Defendant, and “the Defendant shall pay consolation money of KRW 20 million to the Plaintiff. The Defendant decided to pay to the Plaintiff the amount of KRW 50 million and the amount calculated at the rate of KRW 50 million per annum from the day after the judgment became final to the day of full payment.”

(Y) The Jiju District Court 2005ddan209, Suwon District Court 2005Reu143, Supreme Court 2007Meu123).

When the defendant could not pay KRW 340,000,000 out of the above judgment amount, the defendant decided to obtain a right to collateral security in the name of the defendant on the difference between the market price and the market price instead of transferring the ownership of each real estate listed in the separate sheet in lieu of the payment.

Therefore, on September 14, 2012, the Plaintiff and the Defendant prepared an agreement with the following contents, and received a notarial deed.

(hereinafter “this case’s agreement”). 1. Determination of the market price of each real estate listed in the attached Form as KRW 1.3 billion and the Defendant shall have completed the registration of ownership transfer due to the division of property to the Plaintiff.

2. The Plaintiff shall take over KRW 200,000,000,000,000,000,000.

3. Division of property according to the Suwon District Court Decision 2005Reu143 is KRW 441,505,478 (principal principal KRW 340,00,000, interest 101,505,478). Thus, the Plaintiff shall pay to the Defendant KRW 658,494,52, which is calculated by subtracting the amount of division of property from the amount of KRW 1.3 billion at each real estate market price as above, KRW 1.3 billion and the amount of division of property. The period of repayment shall be the time when the Plaintiff sold to a third party and the interest shall be paid at KRW 5% per annum.

4. After the Defendant transferred the ownership of each real estate stated in the separate sheet to the Plaintiff, the Plaintiff created a right to collateral security that covers KRW 658,494,52 to the Defendant as the amount of the claim.

C. The plaintiff is above.

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