logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2019.10.25 2019가합400120
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Facts of recognition

Plaintiff

A and Plaintiff B were the male dynamics of D, and the Defendant was D’s spouse, and the conciliation was concluded on March 22, 2018 with the Seoul Family Court Decision 2017Du320411, the case of divorce and the case of division of property (hereinafter “related divorce case”).

Among the provisions regarding division of property in the mediation of the divorce case, “D shall perform the registration procedure for transfer of ownership based on the division of property in the name of D among the real property listed in the separate sheet (hereinafter “instant real property”) to the Defendant as the division of property” (Article 2-2(b) of the conciliation clause; hereinafter “instant agreement for transfer of share”) and “the Defendant shall be liable for the payment of the negative property in the name of the Defendant, and the Defendant shall jointly and severally repay the negative property in the name of D” (Article 2-4(d) of the conciliation clause; hereinafter “instant agreement for joint repayment”).

On the other hand, on November 28, 2017, prior to the conclusion of mediation in a divorce case, D’s attorney submitted D’s debt details, and written in detail whether to recognize debt up to 14 items at the time and the actual debt amount, etc., and notwithstanding that the debt amount recognized by himself was more than 2 billion won, the obligation against the Plaintiffs was not entirely mentioned.

On September 28, 2018, the transfer registration for shares in the name of D was completed on March 22, 2018 with respect to the shares in the instant real estate on the ground of the division of property on March 22, 2018. As to the shares in the name of D, the transfer registration was cancelled on May 9, 2018, respectively, on the ground of the maximum debt amount set up on March 30, 2016, KRW 260 million, the debtor D, the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed on May 30, 2016.

From May 9, 2018, the Plaintiff A, the obligor D, and the loan.

arrow