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(영문) 서울서부지방법원 2017.06.07 2016가합35413
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 15% per annum from July 30, 2016 to the date of full payment.

Reasons

Facts of recognition

A. The plaintiff and the defendant have been living together in 1999 and maintained de facto marital relations.

B. The Defendant applied for each provisional attachment for the preservation of the claim for division of property following the destruction of de facto marital relationship with respect to land and ground buildings in Gyeyang-gu, Seoyang-gu, Yangyang-gu, the Plaintiff owned (hereinafter “instant real property”), and received the decision of each provisional attachment on May 1, 2015 and May 20, 2015.

(Seyang District Court 2015 business group6049, 2015 business group6059). (c)

On December 17, 2015, the Plaintiff sold the instant real estate in KRW 2,133,828,660 to the Korea Land and Housing Corporation.

Around that time, the Plaintiff and the Defendant agreed that the Korea Land and Housing Corporation shall pay 80 million won of the above purchase price to the Defendant. Accordingly, the Defendant received KRW 80 million from the Korea Housing and Land Corporation and withdrawn each of the above provisional seizure applications and revoked each of the provisional seizure registration.

After that, the Defendant applied for a provisional attachment to preserve the claim for division of property following the reversal of de facto marital relationship with respect to the instant real estate at issue, and received the decision of provisional attachment on January 25, 2016.

(Jibu District Court 2016 business group6004). e.

On April 11, 2016, the Plaintiff and the Defendant drafted two copies of the agreement, in which “the Defendant returns KRW 500 million out of the above KRW 800 million to the Plaintiff, prepare and deliver a written withdrawal of the application for provisional seizure of the instant real estate to the Plaintiff, and the Plaintiff withdraws the criminal complaint and the claim for division of property against the Defendant.” The first written agreement (hereinafter “instant agreement”) has the Defendant’s unmanned seal affixed to it, and the last written agreement (Evidence 17) has the Defendant’s seal affixed to it.

F. On April 7, 2016, the Plaintiff filed a lawsuit against the Defendant for division of property and compensation for damages following a de facto marriage reversal, and on November 25, 2016, the court ordered the Defendant to pay KRW 500 million to the Plaintiff as property division.

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