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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 13, 2017, the Seoul Family Court Decision 2016Dhap233, where both the Plaintiff and the Defendant, who were married, concluded a lawsuit by the Defendant, divorced on July 13, 2017. The matters of mediation are “1. The Defendant (the Plaintiff of this case) and the Defendant (the Plaintiff of this case) are divorced.
2. Property division:
A. The Defendant shall implement the registration procedure for transfer of ownership based on the division of property on each real estate in the attached list in Gangdong-gu Seoul Metropolitan Government with respect to the property of 119 square meters and the two-story detached housing on its ground as indicated in the attached list, respectively.
As of the date the conciliation of this case is completed, the Plaintiff shall be exempted from all the obligations to return each lease deposit (total amount of KRW 198,000,000) with respect to each of the above real estate.
B. The Plaintiff shall pay to the Defendant KRW 115,00,000 (one hundred million) by December 31, 2017. If the Plaintiff has paid the said payment, the Plaintiff shall pay the unpaid amount plus a interest for delay at the rate of five percent per annum.
3. The plaintiff renounces the remaining claims, and the plaintiff and the defendant do not claim all property claims, such as consolation money and division of property, with respect to the divorce of this case, except as provided in the conciliation clause of this case.
Except as otherwise provided for in the conciliation clause of this case, positive and negative property of the plaintiff and the defendant shall be owned in their respective names.
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B. Meanwhile, on February 22, 2017, the Defendant had the right to claim consolation money and the right to claim division of property, while filing a lawsuit for divorce, and received the decision of provisional seizure on the said real estate under the Seoul Family Court 2017 business group7 (hereinafter “instant provisional seizure”), and on February 21, 2017, upon the above court’s order to provide collateral, deposited the said provisional seizure with the Seoul Central District Court 20 million won (hereinafter “instant security deposit”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and 3, all pleadings.