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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 22, 1978, the Plaintiff and the Defendant, a pharmacist, purchased the Dongdaemun-gu Seoul apartment No. 4 Dong 1410 (hereinafter “instant apartment”) on June 14, 1982 and completed the registration of ownership transfer under the name of the Defendant, and owned many other property.
150,000,000,000 shall be kept as the deposit, while the house in this case (referring to the apartment in this case) is in possession of it, and the house shall be transferred to the new owner.
(E) When moving into New Zealand, it is no longer to talk about New Zealand house.
F used as a monthly income and taxes for Defendant’s signature and the monthly income of Incheon is responsible for the Plaintiff.
Plaintiff
Signature
B. Around early 2010, the Defendant planned to move to New Zealand along with AD, and the Plaintiff and the Defendant drafted a written statement (hereinafter “instant written statement”) as follows on January 20, 2010.
C. The Defendant withdrawn the money secured during the marriage period from February 2, 2010 to June 3, 2010 and left New Zealand on June 3, 2010.
On September 10, 2012, the Defendant filed a lawsuit against the Plaintiff for divorce and consolation money (principal lawsuit) with the Seoul Family Court 2012Dhap1037 (principal lawsuit), and the Defendant filed a lawsuit against the Plaintiff for divorce and consolation money (Counterclaim) with the Seoul Family Court 2013Dhap10734 (Counterclaim).
On January 20, 2016, the appellate court of the instant case (hereinafter “instant divorce lawsuit”), rendered a judgment that the Plaintiff and the Defendant would divorced from the Plaintiff on January 20, 2016, and that the Plaintiff would pay the Defendant property division amounting to KRW 395,00,000,000 and damages for delay. The said judgment became final and conclusive on May 26, 2016.
The judgment on division of property among the above judgment is based on the following and the actual value of the property indicated by the defendant's active property, the defendant's active property No. 4, 1410, 367,500,000, Nam-gu, Incheon.