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(영문) 대구지방법원포항지원 2015.07.21 2014가단10487
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 2012, the Plaintiff and the Defendant decided to purchase 2,231 square meters (the land before division; hereinafter referred to as “instant real estate”) in Nam-gu, Nam-gu, Mapo-si, and purchased the said real estate together. On August 31, 2012, the Plaintiff purchased 202,50,000 won from Nonparty D, who is the owner of the said 1/2 share, and owned each of the instant real estate after purchasing the said share in KRW 202,50,000 from Nonparty E, who is the owner of said 1/2 share.

B. In order to purchase the instant real estate, the Plaintiff and the Defendant contributed 90,000,000 won each, and on the same day, on August 31, 2012, the Plaintiff and the Defendant loaned 240,000,000 won to the Plaintiff himself/herself as the debtor on the security of the land and the building on the land owned by the Plaintiff and the building on the land. On the same day, the right to collateral security was established with regard to the said real estate as the mortgagee and the maximum debt amount of KRW 213,00,000.

C. Around May 2013, the Plaintiff divided the instant real estate of KRW 1,242 square meters into Nam-gu G at port and paid the expenses equivalent to KRW 16,00,000, while altering the use of the remaining land of KRW 989 square meters.

On August 26, 2013, the Plaintiff filed a divorce lawsuit against the Defendant at the Daegu Family Court Branch of 2013Ddan2930, and the Defendant filed a counterclaim with the same court under the same court as to divorce and consolation money of 50,000,000 won, and the property division of 1/2 shares of the instant real estate. However, on September 24, 2014, the said court rendered a judgment that the Plaintiff is divorced by the principal lawsuit and counterclaim, and both the Defendant’s counterclaim and the claim for division of property were dismissed, and the said judgment was dismissed on March 26, 2015.

E. Meanwhile, the Plaintiff and the Defendant sold the instant real estate on July 30, 2013 and proceeds therefrom.

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