(영문) 광주지방법원목포지원 2020.05.27 2019가단56679

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(영문) 광주지방법원목포지원 2020.05.27 2019가단56679

공유물분할

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1. The remaining amount of each real estate listed in the separate sheet after deducting the expenses for auction from the proceeds of auction;

Reasons

Facts of recognition

The defendant is the mother of the non-party D who was the spouse under the former law of the plaintiff.

The Defendant related to the ownership of real estate and D owned 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), but D completed the registration of ownership transfer on May 14, 2014 for each of the instant real estate to the Plaintiff on May 20, 2014.

As a result, the plaintiff and the defendant share each of the real estate of this case in their share ratio of 1/2.

On April 9, 2018, the plaintiff and D's divorce case No. 2017da4682 of the Gwangju Family Court established the following conciliation and divorce.

The plaintiff of the clause and D are divorced. A.

The Plaintiff shall implement the registration procedure for transfer of ownership based on the division of property as of April 9, 2018 with respect to one-half shares of each of the instant real estate to D.

B. D bears the secured debt (390,000,000 won) of the right to collateral security established by the Plaintiff as collateral of each of the instant real property from a discharge of liability.

C. The above A.

(b) subsection (b).

Paragraph (1) shall be simultaneously implemented with the plaintiff.

3. D shall be paid to the Plaintiff KRW 108,00,000 as a division of property, and it shall be paid in 72 installments each time from May 25, 2018 to April 2024, each 1,500,000 won. If D violates the above installment payment obligation on three occasions, it shall lose the benefit of time and pay the unpaid balance at one time, and shall pay the unpaid balance at a rate of 15% per annum from the day following the day it has lost the benefit of time to the day of full payment.

(hereinafter) Since the divorce, D has lost the benefit due to the obligation to pay the 108,000,000 won under the conciliation clause after the divorce, and most of the property division amount was not paid to the Plaintiff.

D The Plaintiff is entitled to each of the instant real estate in accordance with the conciliation provisions.

유사 판례

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