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1. Defendant B’s year from May 17, 2016 to January 30, 2019 to the Plaintiff (Counterclaim Defendant)’s KRW 55 million.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 9, 1994, the Plaintiff and Defendant B, as a legally married couple who reported a marriage, filed a divorce lawsuit (this Court No. 2007ddan8603, 911 (Counterclaim)), and on June 18, 2008, the conciliation was concluded that “the Plaintiff and Defendant B divorced from the Plaintiff and Defendant B, and sell each real estate listed in the separate sheet No. 1 (hereinafter “the instant real estate”) in the Defendant B’s name, and pay one-half of the proceeds of the sale.”
However, as the Plaintiff did not sell the instant real estate, the Plaintiff filed a lawsuit claiming a loan (this court 2013Gahap6994) against the Defendant B, and on November 21, 2014, the following adjustments were concluded.
(hereinafter “instant conciliation”). 1. The Plaintiff shall pay 70,000 won to Defendant B as property division until December 31, 2014. If the Plaintiff fails to pay the said money by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 10% per annum from the day following the said payment date to the day of full payment.
2. After receiving the money stated in paragraph (1) from the Plaintiff, Defendant B shall immediately implement the registration procedure for transfer of ownership based on the division of property on the instant real estate as of the date of the instant conciliation.
3. The right to collateral security (including the existing interest) regarding the above real estate shall be fully acquired by the Plaintiff, and the obligation to refund the lease deposit for the first floor building and the right to rent shall be reverted to the Plaintiff as of the date of instant conciliation.
4. Defendant B confirmed that the construction cost of KRW 30 million out of the construction cost was paid to D with respect to the interior works on the first floor of the building among the instant real estate, and if the remainder of the construction cost is unpaid, the Plaintiff shall be fully liable.
B. The Plaintiff did not pay the amount stated in paragraph (1) of the instant conciliation protocol, and the Defendant B did not pay the Plaintiff’s benefit claim against the E-Union.