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(영문) 서울북부지방법원 2017.05.25 2015가단130462
양수금
Text

1. The Defendant’s KRW 11,529,042 as well as the Plaintiff’s annual rate from October 15, 2015 to May 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on May 12, 1997, and they were divorced from March 5, 2014, and judicial divorce around July 2015. The Plaintiff and the Defendant are children in the relationship of the Plaintiff’s former marriage.

B. On November 28, 2011, the Defendant filed a lawsuit against the Plaintiff, including a divorce and consolation money, with the Seoul Family Court (Seoul Family Court Decision 2011Dhap15711). On February 27, 2012, the Defendant agreed to take over the Plaintiff’s obligation to return each lease deposit against the Plaintiff’s lessee D, E, and F (hereinafter “instant lease deposit”) (hereinafter “instant agreement”).

Indication of Real Estate:

1. Dongdaemun-gu Seoul Metropolitan Government G substitute 126 square meters;

2. Each real estate with a 60.60 square meters of a single floor (4 households), 21.86 square meters of a 2nd floor, 30.03 square meters of a 3rd floor, and 63.06 square meters of a 3rd floor above the above ground brick structure, flat slive slive slive slive slive slive slive slives, and 63.06 square meters of a 3rd floor, is the ownership of A, a donor, who agreed to donate 1/2 of them

However, the sum of the obligation to return the lease deposit with respect to the above real estate is KRW 30,00,000 [1.5,000,000 (1.5,000,000 (2.00,000) for the lease deposit, ② KRW 20,000 for the lease deposit (20,000 for the first floor E), ③ KRW 5,000 for the lease deposit (20,000 for the third floor) shall be taken over by the witness.

C. In addition, on February 27, 2012, the Plaintiff drafted a written agreement (Evidence A (hereinafter “instant agreement”) with the Defendant stating the following contents, and the said written agreement contains the phrase “A” in Paragraph (1) and the phrase “A” in Paragraph (2). In addition, the Plaintiff’s respective seals and signatures are affixed to each of the Plaintiff and the Defendant’s names, as well as to the margin between the part indicated in Paragraph (1) and the part indicated in Paragraph (2).

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