(영문) 창원지방법원진주지원 2020.06.05 2020가단33236

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(영문) 창원지방법원진주지원 2020.06.05 2020가단33236

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant were legally married couple who completed the marriage report on November 17, 2003.

B. The Defendant filed a lawsuit against the Plaintiff for divorce, etc. (hereinafter “related lawsuit”), which was concluded on March 27, 2017 between the Plaintiff and the Defendant (hereinafter “instant conciliation”), and the conciliation clause are as follows.

prescribed provisions

1. The defendant (the plaintiff in a related lawsuit, hereinafter "the defendant") and the plaintiff (the defendant in a related lawsuit, hereinafter "the plaintiff") shall be divorced.

2. The Plaintiff shall pay 10,000,000 won as consolation money and 24,000,000 won as a division of property by April 30, 2017 to the Defendant.

3. The Plaintiff shall implement the procedure for registration of transfer of ownership on the ground of the division of property as to the C&learning passenger car under the Plaintiff’s name (the first date of registration: December 17, 2013; hereinafter “instant passenger car”).

4. The defendant and the plaintiff agree to sell their own share in the case where they want to sell the apartment of this case, and one of the defendant's two apartment of this case is 160,000,000 won or more, among the apartment of this case, if they want to sell the apartment of this case.

5. Except as provided above, the Defendant and the Plaintiff shall not claim any money as consolation money or property division in relation to the divorce of this case against the other party in the future.

6. The defendant shall waive the remaining claims.

7. The costs of lawsuit and the costs of mediation shall be borne respectively;

C. On November 26, 2018, the Defendant submitted to the Korea Teachers’ Pension Foundation a written claim for divided pension to request the payment of the Plaintiff’s retirement pension (hereinafter “instant retirement pension”) in installments, and thereafter, the Nonparty Corporation paid the Defendant KRW 353,140 each month of the instant retirement pension in installments.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and all pleadings.

유사 판례

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-서울중앙지방법원 2019.01.16 2018가단5027419

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