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(영문) 수원지방법원성남지원 2015.10.30 2015가합1600
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Although the Defendant’s wife and the Defendant’s wife were included in each of the instant agreements, this appears to have been due to the Defendant’s real estate transaction, etc. under the name of J, and the Plaintiff also claims on the premise that the Defendant is a real party to the instant agreements and each of the instant agreements. Therefore, both the parties to each of the instant agreements and the parts described in the “Defendant and J” are deemed to be “Defendant”.

On February 11, 2009, the Plaintiff’s husband D entered into an implementation agreement with the following contents (hereinafter “instant agreement”) and a notary public was awarded the authentication by the law firm No. 45 of 2009, a plane, etc.

Defendant and D agree that with respect to the transaction of real estate and money during which they had been between the parties, the following performance should be made:

1. D shall, within twenty (20) days from the date of the conclusion of this Agreement, complete the registration of ownership transfer under the name of the Defendant or a third party separately designated by the Defendant, in the absence of any burden on the Defendant with respect to the land E in Suwon-gu, Suwon-si, F-si, G-si, G-si, G-si, G-si, G-si, G-si, and H-si, G-si, G-si, and H-si, 645 square meters, 330 square meters of land in Sung-si

2. D shall pay 5 billion won to the defendant in addition to the transfer of real property under paragraph 1, and shall be paid 1.5 billion won by March 3, 2009 and shall be paid 3.5 billion won by April 20, 2009.

3. After D has fully performed its obligations under paragraphs 1 and 2, the Defendant shall require D to deliver the name transfer documents to a person designated by D, regardless of his/her succession or loss in the J or K lawsuit.

The defendant shall, where deemed necessary, deliver to D all the documents necessary for the lawsuit.

4. After D’s fulfillment of its obligations under paragraphs (1) and (2), the Defendant excluded the Defendant’s land from the land of Gwangju-si in which D and D jointly invested by the Defendant.

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