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(영문) 수원지방법원안산지원 2015.10.29 2014가합23871
채권자대위 등 청구의 소
Text

1. The plaintiff's primary claim against the defendant A is dismissed.

2. On June 24, 2013, concluded between Nonparty C and Defendant A.

Reasons

1. Basic facts

A. Nonparty C is the Silver of Defendant A, and Defendant B was de facto in a de facto marital relationship from around 1998.

B. Defendant B completed the registration of ownership transfer on February 8, 201 on the instant real estate by reason of sale on September 8, 2008.

At the time, most of the acquisition funds of the real estate in this case were borne by C.

C. On July 9, 2012, when a de facto marital relationship with Defendant B was extinguished, C filed an application against Defendant B for provisional disposition prohibiting the disposal of the instant real estate with respect to the instant real estate under the Incheon District Court Branch Decision 2012 business group149, and the provisional disposition registration was completed on July 20, 2012.

Since then, on August 23, 2012, C filed a lawsuit against Defendant B seeking division of property, etc. (hereinafter “instant lawsuit seeking division of property”) with the Daegu Family Court Decision 2012Ra2974 (the first Daegu Family Court Decision 2012Gahap8509 was received and transferred to November 21, 2012).

C pays 50,000,000 won to Defendant B by June 24, 2013, and Defendant B received the above money from Defendant C, and at the same time deliver documents necessary for the registration of transfer of ownership of the instant real estate to Defendant A. Defendant A takes over taxes, public charges, and collateral security obligations under the name of the Daegu Livestock Cooperative established on June 29, 2012.

C waives the remainder of the claim in the Daegu Family Court case No. 2012-Ma2974, and withdraws the lawsuit in the above case.

C A party and Defendant B shall not raise a civil or criminal objection for all the reasons arising in a de facto marital relationship between C and Defendant B in the future.

Where C and C’s former wife D file a civil or criminal claim against Defendant B, etc., C and the Defendant A shall jointly and severally pay 30,000,000 won to Defendant B as penalty.

When Defendant B raises an objection against the capital gains tax of Defendant C, Defendant B shall pay the sum of KRW 30,000,000 to C and the Defendant.

C The property division lawsuit of this case was pending on June 2013.

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