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1. The plaintiff's main claim is dismissed.
2. The plaintiff's obligation against the defendant under the agreement dated January 4, 2007 shall be 80.
Reasons
1. Basic facts
A. On March 29, 2003, the Plaintiff and the Defendant filed a marriage report and maintained a marital life, and they were married on February 9, 2007.
B. On January 3, 2007, the Plaintiff and the Defendant agreed to divorce, and on January 4, 2007, “the Plaintiff transferred 10,000 common shares to the Defendant with consolation money and division of property, and paid KRW 100,000,000 per annum until December 31, 201, and paid 25% interest per annum until the date the above amount is fully paid if the above amount is not paid by the above deadline; KRW 1,00,00 per month for one year from the date of divorce with C’s child support; KRW 8,00,00 per month until C is employed; and on January 4, 2007, a notary public signed an agreement notarial deed of agreement (hereinafter “notarial deed of agreement”).
C. Based on the instant notarial deed, the Defendant applied for a compulsory auction for real estate auction to the Seoul Central District Court E with respect to the Plaintiff’s share in the Gangnam-gu Seoul D apartment 22 Dong 1402, with the claim amounting to consolation money and property division amounting to KRW 86,70,000 and delay damages therefor, and the unpaid child support amounting to KRW 2,60,000.
On February 12, 2015, the Plaintiff filed a lawsuit of demurrer against the Defendant, and was sentenced to a judgment on February 12, 2015 (Seoul Central District Court 2014Ga6640), stating that the compulsory execution based on the Notarial Deed signed by a notary public against the Plaintiff on January 4, 2007 by the law firm sincere shall not be permitted only to the extent that it exceeds the amount equivalent to the rate of KRW 86,70,000 per month from January 1, 205 to January 3, 2015, and the amount equivalent to the rate of KRW 80,000 per month from January 20 to August 12, 2015 (Seoul Central District Court 2014Ga6640), and on August 12, 2015, the appellate court rendered the judgment that the notary public against the Plaintiff on August 2, 207, 2007, the agreement under subparagraph 5 of the deed signed by the law firm on January 4, 20016,2007.