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(영문) 제주지방법원 2020.02.12 2017구합5601
연금분할수급취소처분 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the costs incurred by participation in the lawsuit.

Reasons

1. Details of the disposition and the progress of related litigation;

A. On July 10, 1973, the Intervenor of the Defendant Litigation (hereinafter “ Intervenor”) was employed as a police official from around July 10, 1973, and was receiving a retirement pension of KRW 1,702,649 each month from the Defendant (hereinafter “instant retirement pension”).

B. The Plaintiff and the Intervenor were legally married couple who completed the marriage report on March 13, 1973. However, on February 19, 2016, upon filing an application for confirmation of the intention of divorce, the Plaintiff and the Intervenor completed the divorce report on March 23, 2016.

Before the report of divorce between the Plaintiff and the Intervenor, there was a preservative measure such as provisional disposition on the real estate in the name of the Intervenor, and agreed on the division of property as follows.

① On March 18, 2015, the Plaintiff received a decision of provisional disposition on the prohibition of disposal of the right to claim ownership transfer registration based on the division of property as the right to be preserved, and on the same day, each provisional disposition registration was completed on the same day with respect to the instant apartment D (hereinafter referred to as “instant apartment”) and the E orchard 2,787 square meters, and F orchard 1,294 square meters (hereinafter referred to as “the instant orchard”) in Seopopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si

(2) On March 31, 2015, the Plaintiff and the Intervenor drafted the following performance memorandum (hereinafter “instant performance memorandum”).

The plaintiff and the intervenor agree that they will fulfill each other in good faith the following matters, and if each person faithfully implements or fails to perform it, they will not raise any objection or lawsuit against a series of unfavorable measures against the other party:

A. L. L. L.I.

1. The intervenor shall trade the instant orchard of the real estate owned by the principal until September 30, 2015.

2. In the event of sale and purchase, the Plaintiff withdraws the application for provisional disposition of this case.

3. The Intervenor shall immediately pay KRW 190 million out of the purchase price after the purchase and sale of real estate to the Plaintiff.

4. The plaintiff needs other economic and monetary demands other than KRW 190 million.

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