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1. The Defendant’s KRW 321,00,000 as well as 5% per annum from November 4, 2016 to December 1, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on February 17, 1983, and they divorced by agreement on February 20, 2014.
B. On November 20, 2002, the Defendant acquired the ownership of D Apartment No. 301, 301, 203, 301 (hereinafter “instant apartment”).
The Plaintiff and the Defendant resided in the apartment of this case from time of divorce until time of divorce.
C. On May 8, 2008, the Defendant obtained a loan of KRW 300 million from the Korea Cmat Bank as collateral for the apartment of this case.
The above loans have not been repaid until January 16, 2014.
Upon the Plaintiff’s request, the Defendant paid to the Plaintiff a total of KRW 249 million from October 2015 to January 2016 (i.e., KRW 135 million worth KRW 15 million).
[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 7 (including paper numbers, hereinafter the same), the purport of the whole pleadings
2. Determination as to the cause of action
A. Comprehensively taking account of the overall purport of the arguments in the evidence No. 2 and No. 8, the Plaintiff and the Defendant agreed to divorce on January 16, 2014, “The Plaintiff and the Plaintiff agreed to divorce. The Plaintiff, while making a separate living for not less than 10 years due to the difference of nature after marriage, made efforts to protect the family while raising two children, as well as raising them, and making efforts to protect the family. On November 20, 201, during the Jeonsesesesesesesety, the Plaintiff purchased an apartment house at the container and made a great benefit. Accordingly, the agreement to pay 60% of the amount excluding the amount of apartment mortgage loan to the Plaintiff is to be calculated as at the time of the disposal of the apartment house. Moreover, the agreement to actively participate in the life expenses (including hospital expenses) after the divorce is made, and the agreement to actively participate in the children, children, and the house building company (hereinafter “instant agreement”).