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(영문) 의정부지방법원 2018.05.29 2016가단116855
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10 million and 5% per annum from May 27, 2015 to May 29, 2018.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are those who were in marital relations, and Defendant C is the mother of Defendant B.

B. In 2004, the Plaintiff and Defendant B joined a joint investment group comprised of G, H, etc. to purchase land D and E (hereinafter “F-land”).

The Joint Investment Group acquired each of the above land in the name of I, and disposed of it to J and K around August 201.

When the Plaintiff knew of the above disposition and requested G to return the investment amount, G paid KRW 30 million to the Plaintiff on January 11, 2012.

C. The Plaintiff and Defendant B acquired the right to sell housing under the name of Defendant C in the M Housing Association located in the Gurisisi, but waiver of the right to sell housing, as the intermediate payment was not paid in full, and received a refund of KRW 48,600,000 from the account of C on May 27, 2015.

In order to pay down payment and part of intermediate payment to the above union, the Plaintiff and the Defendants were loaned. The Plaintiff repaid the loans of KRW 22.1 million until May 26, 2015, and the Defendants repaid the loans of KRW 20.7 million until June 3, 2015.

E. The Plaintiff and Defendant B agreed to divorce on October 10, 2008.

The conditions of property division agreed at the time are as follows:

In the case of the strike in the name of Gyeonggi-do, E and one parcel of non-registered contract (see the above 1-2(b)) under the name of the mother of the Dong-gu, Gyeonggi-do (C), the above case is a property division of the plaintiff and the defendant B, and it is one-half of each share.

Property owned in both names shall be owned by each person.

In addition to the above agreed terms, both parties to any further agreement

section 20.

【Ground for Recognition: Facts without dispute, Gap's 1, 2, 6 evidence, Eul's 1 through 4 (including all types of numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

(a) the F-Myeon land investment case, on which the Defendant failed to disclose its details of investment and disposal;

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