(영문) 의정부지방법원 2014.05.21 2013가단42748

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(영문) 의정부지방법원 2014.05.21 2013가단42748

집행문부여 등

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On May 21, 2013, the Plaintiff adjusted the following matters with the Defendant in the case of returning unjust enrichment against the Defendant, the former wife, as of May 21, 2013, by conciliation between the Defendant and the former wife:

1. By June 20, 2013, the Defendant received KRW 16,000,000 from the Plaintiff by June 20, 2013, and at the same time, shall implement the procedures for registration of ownership transfer with respect to 1/2 of the real estate listed in the attached Table 1 to the Plaintiff.

2. By June 20, 2013, the Plaintiff shall pay KRW 16,00,000 to the Defendant at the same time upon receipt of the registration procedure for ownership transfer under paragraph (1) from the Defendant.

B. On July 7, 2011, the Plaintiff and the Defendant agreed to provide 30,000 won for the child support, such as educational expenses, instead of having the right of custody for their children, as well as the right of custody. Accordingly, the Plaintiff has the right to claim against the Defendant for KRW 15,00,000 corresponding to 1/2.

C. The Plaintiff offsets the Defendant’s claim for child support of KRW 15,00,000 against the Defendant’s claim for child support of KRW 16,000 against the Plaintiff under the above conciliation, and the remainder of KRW 1,00,000 against the Defendant’s claim for child support of KRW 16,00,000 shall be paid to the Defendant at will, and fulfilled all the counter-payment stipulated

Nevertheless, since the Jung-gu District Court did not grant execution clause to the plaintiff with regard to the above mediation protocol, the plaintiff primarily sought for the grant of execution clause to the above mediation protocol, and the plaintiff in preliminary demand for the payment of child support of KRW 15,000,000 pursuant to the above agreement between the plaintiff and the defendant on July 7, 2011.

2. The judgment of the Plaintiff is based on the premise that the Defendant bears the obligation to pay the child support of KRW 15,00,000 against the Plaintiff in accordance with the agreement on July 7, 2011, and thus, the Plaintiff filed the primary and conjunctive claim against the Plaintiff.

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