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(영문) 광주지방법원 장흥지원 2018.10.30 2017가합795
구상금
Text

1. The Defendant’s KRW 42,331,808 as well as the Plaintiff’s annual rate from November 21, 2017 to October 30, 2018.

Reasons

1. Basic facts

A. On April 24, 2003, the Plaintiff and the Defendant came to enter into a marriage and acquired Seo-gu Seoul apartment D (hereinafter “instant apartment”) in the name of the Plaintiff on March 16, 2005.

B. In the case of divorce, etc. against the Plaintiff, the Gwangju Family Court filed by the Defendant against the Plaintiff, the conciliation was concluded on March 16, 2012 (hereinafter “instant conciliation”), and the content relating to the instant case in the conciliation clause is as follows.

1. The plaintiff and the defendant are divorced.

3. Property division:

A. The Plaintiff shall implement the registration procedure for transfer of ownership based on the division of property on the apartment of this case to the Defendant on the date the conciliation is completed.

B. The defendant shall pay KRW 150,000 to the plaintiff.

(c) the above paragraph (a) and (b).

subsection (1) shall be simultaneously implemented.

6. In relation to the divorce of this case, the plaintiff and the defendant shall not claim against the other party all monetary claims (including stolen materials and division of property) except as provided in the above mediation clause.

C. In the apartment of this case, the right to collateral security, which is the creditor E, the debtor, and the maximum debt amount of 240,000,000 won (the secured debt of 200,000,000 won, hereinafter “the secured debt of this case”), was established on the apartment of this case.

From May 2012 to October 2017, the Plaintiff repaid KRW 38,673,928 with interest on the instant secured debt, and paid KRW 3,657,880 in total property tax imposed on the instant apartment during the same period.

On June 8, 2017, the Defendant deposited KRW 150,000,00 with the Plaintiff as the principal deposit. On June 23, 2017, the Defendant completed the registration of ownership transfer based on the division of property as of the instant apartment on March 16, 2012. On November 23, 2017, the Defendant fully repaid the secured debt of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, and 10, the purport of the whole pleadings

2. The defendant's judgment on this case's defense is contrary to the non-establishment clause of the conciliation clause of this case.

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