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(영문) 부산지방법원 2017.04.28 2016나10442
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple who completed the marriage report on December 11, 2002, and the Plaintiff filed a divorce lawsuit against the Defendant on November 13, 2015 against the Busan Family Court.

B. On March 23, 2016, the divorce mediation between the Plaintiff and the Defendant was established on March 23, 2016, and accordingly, the divorce registration was completed on April 5, 2016.

[1] (1) The plaintiff and the defendant are divorced.

Luxembourg The Defendant shall implement the registration procedure for transfer of ownership based on the division of property on the date the conciliation of this case is completed with respect to 1/2 shares among the real estate listed in the separate sheet (hereinafter “each real estate of this case”) by April 30, 2016 to the Plaintiff.

Article 12,00,000 won shall be paid to the Defendant as a division of property until April 30, 2016.

x. The obligations in paragraph 2 and the obligations in paragraph 3 shall be simultaneously performed.

(v) the Plaintiff waives its claim for consolation money.

⑹ 원고와 피고는 위에서 정한 사항 이외에는 향후 서로에 대하여 이 사건 이혼과 관련된 위자료, 재산분할 등 재판상 청구를 하지 아니한다.

C. At the time of the establishment of the divorce conciliation, the Plaintiff and the Defendant held 1/2 shares of each of the instant real estate. However, the Samsung Card Co., Ltd. attached the Defendant shares of each of the instant real estate by the decision on provisional seizure of real estate (Seoul District Court 2016Kadan2197) on March 24, 2016.

On April 7, 2016, the Plaintiff deposited KRW 12,00,000 with the Defendant as the principal deposit, and on the same day, completed the registration of ownership transfer on March 23, 2016 with respect to the shares of the Defendant among each of the instant real estate.

E. On April 19, 2016, the Plaintiff subrogated to Samsung Card Co., Ltd. for KRW 10,400,000 (hereinafter “instant card price”).

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination on the cause of the claim.

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