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(영문) 수원지방법원 2020.05.19 2019가단561643
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 July 17, 2017, the Plaintiff and the Defendant (name C before the opening of a name) are legally married couple relations.

B. On December 12, 2013, the Plaintiff and the Defendant entered into a sales contract with D to purchase KRW 567 square meters out of 1072 square meters in the wife-population E and KRW 127 million out of 1072 square meters in the F 409 square meters in response to the Plaintiff and the Defendant entered into a sales contract with D to purchase KRW 241.5 million out of the F 409 square meters in response to the purchase of the said two parcels of land, and agreed to prepare a contract again after

C. D is above the land of the above two parcels.

The part of the land to be traded in the port was registered for transfer of ownership on the ground of sale on January 27, 2014 in the Defendant, who was one of the co-owners on January 16, 2014, and was the co-owners on January 16, 2014 (the transaction value of KRW 241,500,000,000,000,000,000,000,000 square meters divided from 1072 square meters in the wife E in the field of wife, and the G field divided from 409 square meters in the F field into 40,000 square meters in G, which was divided into 127 square meters in the F field at the time of each division and merger.

The Defendant newly constructed a detached house on the ground of the instant land (hereinafter referred to as “instant building”) and completed registration of initial ownership on August 14, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2-1 and 2-2, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff and the Defendant agreed to pay to the Plaintiff 30% of the remainder remaining after subtracting taxes and loans when the Defendant sold the instant land and the instant building or received compensation, in the course of a divorce.

The Defendant received KRW 861,559,660 as the compensation for the expropriation of the instant land and the instant building, and thus, the Defendant shall pay the Plaintiff KRW 184,967,898, which is the remainder of KRW 616,559,660, excluding KRW 25,000,000,000,000,000,000 won, out of the above compensation for expropriation.

Meanwhile, the Plaintiff and the Defendant agreed to pay 30 million won as consolation money for divorce to the Defendant, and the Plaintiff is among the above compensation money from the Defendant.

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