(영문) 서울고등법원 2017.12.14 2017나2014282

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(영문) 서울고등법원 2017.12.14 2017나2014282

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

A. On April 7, 1987, the Defendant (the Defendant, May 1959) and C (the date of April 1958) married on April 7, 1987, and entered the Plaintiff (the date of November 1987) and D (the date of June 1990). The Defendant, on April 1, 201, married with C, and re-drawed with J from October 201 to December 201, after the divorce with C, and C lives together with the Plaintiff and D from the date of divorce to the date of divorce.

B. The Defendant owned 1/2 shares of G real estate and family-gun land and 1192 square meters in Nam-si, Namyang-si (hereinafter “K-si land before division”). C owned 1/2 shares of the said K-si land before the said K division and 108 Dong 1403 (hereinafter “Sacheon apartment”), and as to the shares of 1/2 shares of G real estate, the provisional registration of the right to claim partial transfer of ownership was completed on May 18, 2007, on the ground of the pre-sale agreement (as of May 17, 2009).

C. On March 21, 2010, the Plaintiff filed an application for a mental assessment against the Defendant by filing an appeal for adjudication of quasi-incompetency with the District Court 2010sMo2102.

On March 3, 2011, when the above trial was in progress, the Plaintiff and the Defendant respectively prepared a pre-sale document stating that the purchase price for each one-half portion of G real estate G, owned by the Defendant, shall be KRW 1,351,434,690, and that the pre-sale deposit shall be KRW 135,143,469, and that the pre-sale deposit shall be KRW 236,650,80, and the pre-sale deposit shall be KRW 236,665,00, respectively, and Article 2 of the pre-sale document stating that “the date of completion of the sale shall be March 3, 201, the date of completion of the sale shall be March 3, 2016,” and Article 3 of the pre-sale document stating that “the trade is completed naturally without the Plaintiff’s declaration of intention to complete the sale,” respectively.

(hereinafter referred to as “each of the instant reservations”) e.g., each of the instant reservations.

The plaintiff, the defendant, and C shall agree with the following terms on the same day:

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