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(영문) 부산지방법원 2017.06.14 2016가합3372
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 205,00,000 and the interest rate of KRW 15% per annum from September 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is the mother of the plaintiff, and the non-party C is the father of the plaintiff, and the defendant and C are currently the divorce status.

B. Plaintiff’s decision on the process of acquiring the instant real estate

1. The plaintiff (the defendant in this case; hereinafter the same shall apply) and the defendant (the defendant in this case; hereinafter the same shall apply) shall be divorced.

2. The Plaintiff and the Defendant promises to divide property into the following division of property, and the property in the name of the Plaintiff and the Defendant, other than the following, is owned by each party:

Plaintiff

With respect to existing loans (mortgaged debt of collateral security, which is the creditor bank, the National Bank, the maximum debt amount of 52,00,000,000) against D apartment Nos. 109, 501, Busan Dong-gu, Busan, the defendant is liable for paying interest and returning principal;

B. The plaintiff added to A (resident registration number E).

shall carry out the procedures for the registration of ownership transfer with respect to one-half of the apartment units mentioned in paragraph;

C. For 40,00,000 won of a loan to a national bank, a corporation under the name of the Plaintiff, the Defendant is liable for paying interest and returning the principal;

D. The defendant implements the procedure for the registration of ownership transfer concerning FF vehicles to the plaintiff.

E. The name of the Plaintiff’s ING Life Insurance and Fund (contractor and beneficiary) is changed to the Defendant, and the Defendant pays KRW 20,000,000 to the Plaintiff when changing the name of the Defendant. However, even before changing the name, the Plaintiff is entitled to receive a loan with the said insurance and fund as collateral.

1) On May 23, 2014, the Defendant filed a lawsuit against C on the grounds of divorce, etc. with the Busan Family Court 2014Dhap850. The Plaintiff and the Defendant submitted the agreement on divorce and the division of property as of December 4, 2014 to the said court. The said court, based on the agreement submitted on December 12, 2014, shall make a decision on recommending reconciliation (hereinafter “decision on recommending reconciliation of this case”).

(2) The defendant decided 2.B. to recommend the settlement of this case.

A person who fails to perform his/her duty set forth in the subsection, and the plaintiff is the defendant on March 9, 2015.

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