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(영문) 서울동부지방법원 2018.02.14 2017나23426
근저당권말소
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except where the following reasons are added under the fourth 16th 4th 16th son of the first instance judgment. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Provisions] Any person who has been divorced by agreement may claim a division of property at the time when agreement on the division of property is not reached or it is impossible to reach an agreement on the division of property. The right to claim a division of property expires at the time two years have passed since the date of divorce, but the right to claim a division of property is not applicable to the case where the agreement is already made after consultation on the division of property, and the extinctive prescription of the claim is run according to the contents of agreement on

In this case, as seen earlier, the Plaintiff and the Defendant appears to have agreed on the payment of money to the Defendant under the pretext of consolation money or division of property. The extinctive prescription of a claim for agreed money based on such agreement is difficult to view it as a claim with the short-term lapse of two to three years from the time when the agreement was reached between the Plaintiff and the Defendant.

2. If so, the plaintiff's claim is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed.

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