(영문) 대구지방법원 2017.11.16 2017나4988 | 리걸엔진

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(영문) 대구지방법원 2017.11.16 2017나4988

위약금반환

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1. Revocation of the first instance judgment.

The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant were legally married couples who completed the marriage report on November 29, 1995. 2) The Plaintiff and the Defendant filed a divorce suit with the Daegu District Court Branch of the Daegu District Court in around 2010 2010 Gohap 193 (principal lawsuit), 2010 Gohap360 (Counterclaim). The appellate court of the said lawsuit [Seoul High Court 201Reu91 (principal lawsuit), 201Reu1Reu1u107 (Counterclaim)] rendered a decision in lieu of conciliation (hereinafter “instant compulsory conciliation decision”).

1. The plaintiff and the defendant are divorced.

2. The Defendant shall pay to the Plaintiff KRW 300 million under the pretext of consolation money and division of property (i.e., division of property of KRW 280,000,000), but shall be paid in the following manner:

First, 20 million won shall be paid

(S) Concurrent performance between the following paragraphs 3: (b)

The remaining KRW 100 million shall be opened and managed under the joint name of the Plaintiff and the Defendant, and if taxes, etc. on capital gains tax, etc. are imposed due to the sale of the land of 630 square meters and above-ground buildings in Busan Metropolitan City and 862 square meters (hereinafter “instant real estate”), the Plaintiff and the Defendant shall each bear 50%, and the remaining amount after deducting 50% of the above portion of the Plaintiff’s share from the above KRW 100 million shall be owned by the Plaintiff.

3. The plaintiff withdraws all applications for provisional attachment and provisional disposition against the property owned by the defendant, and implements the procedure for revoking the execution.

5. The plaintiff 2-A from the defendant

After receiving the money of this subsection (200 million won), (1) where a person with parental authority and a person with custody is changed to the defendant for the reason that the principal of this case was designated as a person with parental authority and a person with custody for the principal of this case, but the principal of this case did not rear the principal of this case before reaching each adult age, the amount of KRW 200 million shall be returned to the defendant, and (2) where the principal of this case

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