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(영문) 수원지방법원 2016.10.27 2016가단521286
부당이득금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant has deposited Suwon District Court 2015Hun1058 deposit money to the Plaintiff.

Reasons

1. Basic facts

A. In the case of the Plaintiff, the Defendant, and C, the Suwon District Court 2014Dhap50931 (principal lawsuit) divorce and designation of custodyer, and divorce and solatium 2014Dhap50948 (Counterclaim) on September 3, 2015, the above court rendered a judgment of September 3, 2015 that “A shall be consolation money to the Defendant; C shall be 20,000,000 won; and C shall jointly with C; and the Plaintiff shall pay 8,00,000,000 won out of the said money; and each of them shall be 5% (5%) interest per annum from June 17, 2015 to September 3, 2015; C shall be 158,000,000 won to the Plaintiff until the date of full payment; C shall be 155% interest per annum from the date following the judgment of this case to the date of full payment; C shall be 201,015% interest per annum from the end of 20.

(hereinafter “instant judgment”) In carrying out the conclusion of the judgment on September 3, 2015, Plaintiff B and Defendant C of Suwon District Court case 2014Dhap50931, the Plaintiff B and Defendant C agreed that any monetary demand, such as child support, property division, consolation money, etc., in relation to the instant divorce case, should not be additionally required, by transferring the ownership of the E apartment located in Heung-gu, Seoul-gu, Gyeonggi-gu, Gyeonggi-do, and Gyeonggi-do, to B, and that they will not institute a civil/criminal lawsuit.

B. On September 18, 2015, the Defendant drafted a written agreement with C as follows:

(hereinafter referred to as “instant agreement”). C.

On September 18, 2015, the Defendant drafted a letter of commitment to the effect that “A person in question shall, at the time of the transfer of ownership of the apartment (hereinafter “instant apartment”) to C, be obliged to transfer KRW 182,00,000, and shall assume all civil responsibilities at the time of the transfer of ownership of the apartment (hereinafter “instant letter of commitment”). D.

C On September 18, 2015, the Defendant made a division of property on September 18, 2015 regarding the instant apartment.

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