(영문) 서울남부지방법원 2016.04.28 2015가단54596

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.04.28 2015가단54596

구상금 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant (appointed parties; hereinafter “Defendant”) had a de facto marital relationship from around 2010.

After de facto marriage is terminated, the conciliation was concluded on September 18, 2012 between the Plaintiff and the Defendant in the case of division of property (hereinafter “instant conciliation”) with the Seoul Family Court 2012pla8785. The main contents are as follows.

Conciliation Provisions

1. The Plaintiff shall implement the registration procedure for transfer of ownership based on the donation of 11/20 shares among the real estate listed in the attached list to the Selection C on the date the conciliation of this case is completed.

2. Until the above real estate is sold, the Plaintiff shall reside in the above real estate and bear public charges.

3. The property tax on the above real estate shall be borne by the defendant.

4. The Plaintiff shall bear interest on loans relating to the above real estate until the above real estate is sold.

5. The principal of loans on the above real property shall be repaid half by the defendant and the plaintiff.

6. The defendant and the plaintiff shall cooperate in the sale of the above real estate as soon as possible, and endeavor not to exceed two years in the future.

B. On October 4, 2010, on May 14, 2012, the Seoul Family Court rendered a provisional attachment registration with the Defendant’s claim amounting to KRW 110 million based on the provisional attachment order No. 2012 business group731, May 14, 2012 regarding the real estate owned by the Plaintiff (hereinafter “instant real estate”). On June 26, 2015, the registration of the transfer of C’s co-ownership share in the name of co-ownership on September 18, 2012 regarding the portion of the instant real estate (hereinafter “instant real estate”).

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. (1) The Plaintiff’s assertion (1) that the Defendant did not pay taxes, and the Kang Dong-dong, the Plaintiff was the garnishee, and the Defendant seized the Defendant’s claim against the Plaintiff regarding KRW 44,894,170, which is the amount in arrears, among the claims held by the Defendant based on the provisional attachment order No. 2012 business group731 against the Plaintiff. As such, the Defendants were

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