1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following 2.3 judgments as to the new argument in the trial, and therefore, it is identical to the reasoning of the judgment in the first instance. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The gist of the Defendant’s assertion has interfered with the fulfillment of the above conditions against the good faith and good faith, such as not withdrawing a divorce lawsuit filed prior to the divorce even after having consulted on the division of property on the premise of the divorce, after filing a divorce lawsuit against the Defendant, and preparing the instant agreement, etc. with the Defendant, and thus, the terms and conditions of divorce under Article 150(1) of the Civil Act should be deemed fulfilled.

B. The Plaintiff and the Defendant agreed on the division of property on the condition that the agreement between the Plaintiff and the Defendant would be valid in preparing the instant agreement, and the fact that the said lawsuit is pending due to the Plaintiff’s failure to withdraw the instant divorce lawsuit even after the agreement in this case was reached.

However, in light of the fact that the divorce is an act of status and must be decided with the free will of the parties to resolve the marriage relationship, it is difficult to deem that the mere fact that the Plaintiff did not withdraw the divorce lawsuit filed after the agreement in this case, does not constitute an act of interference with the fulfillment of conditions against the good faith and trust, and there is no evidence to acknowledge that the Plaintiff interfered with the fulfillment of the above conditions by interfering with the establishment of divorce, contrary to the good faith and trust.

The defendant's above assertion is without merit.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is without merit.

Therefore, the defendant's appeal is dismissed.