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(영문) 수원지방법원 2017.08.24 2017나2035
매매대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant married on September 12, 1984, but divorced on December 8, 2002 by the decision of recommending reconciliation against the Plaintiff in the divorce lawsuit filed by the Defendant against the Plaintiff.

B. Even after the Plaintiff and the Defendant maintained a de facto marital relationship, they were raising their children together, but thereafter, the Plaintiff filed a lawsuit of consolation money and a claim for division of property against the Defendant under the Suwon District Court Decision 2011ddan17527, and the Defendant also filed a counterclaim against the Plaintiff’s claim for consolation money and a claim for division of property with the same court 2013ddan10124, and the de facto marital relationship was annulled.

(2) On October 22, 2013, the above court ordered the Defendant to pay KRW 282,000,000 to the Plaintiff as division of property, and dismissed the remainder of the principal lawsuit and counterclaim, and the above judgment became final and conclusive thereafter.

C. In accordance with the final agreement between the parties on December 17, 2013, the Plaintiff and the Defendant, with the following content, separately from the adjudication on divorce by de facto marriage resolution and the judgment on the claim for division of property (Seoul District Court Decision 2011ddan17527, Oct. 22, 2013), the Plaintiff and the Defendant shall agree on the division of property by mutual agreement on the following matters:

C. Foods

1. (1) As to the land C and the ground factory buildings and D, and E and F land in Gwangju-si in Gyeonggi-do, the Defendant, who is the nominal owner on the registry, shall faithfully cooperate with the Defendant, as above, with respect to all the above C, D, its ground factory buildings, E, and F, so that the ownership of all the land and the factory buildings can be transferred to the Plaintiff at a rapid time.

(2) As to KRW 110,00,000, which was withdrawn from the joint collateral loan from the agricultural cooperative, the nominal owner on the registry, the Plaintiff will succeed to and acquire the said real estate by transferring its ownership.

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