(영문) 서울남부지방법원 2017.03.07 2016가단238513

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(영문) 서울남부지방법원 2017.03.07 2016가단238513

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1. The defendant shall receive KRW 15,000,000 from the plaintiff and at the same time, 1/2.

Reasons

1. Facts of recognition;

A. On June 18, 2015, the Plaintiff and the Defendant concluded a sales contract to purchase the real estate listed in the separate sheet (hereinafter “instant apartment”) from C in the purchase price of KRW 358,00,000, in order to ensure that the Plaintiff and the Defendant intend to resume and jointly live together.

B. The Plaintiff and the Defendant paid the purchase price of the instant apartment by aggregating KRW 90,00,00 and KRW 222,90,000 borne by the Plaintiff and KRW 45,10,000 borne by the Defendant for the instant apartment, and completed the registration of ownership transfer as to each of the instant apartment units on September 10, 2015.

C. On August 17, 2015, the Plaintiff and the Defendant completed the marriage report and concluded a divorce on June 23, 2016, and around April 15, 2016, around the time when the divorce was discussed, the Plaintiff and the Defendant agreed to transfer 1/2 of the instant apartment to the Plaintiff when the Plaintiff and the Defendant paid KRW 55,00,000 to the Defendant.

Accordingly, on May 13, 2016, the Plaintiff paid KRW 40,000 to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the remaining agreed amount of KRW 15,00,000 to the plaintiff, and at the same time, to implement the registration procedure for ownership transfer of 1/2 of the apartment of this case to the plaintiff.

B. As to the judgment on the Defendant’s assertion, the Defendant agreed with the Plaintiff that the amount equivalent to 50% of the price increase in the apartment of this case at the time of transferring the Defendant’s share to the Plaintiff, as well as the amount equivalent to 55,000,000 won of the above agreed amount, should be paid in addition to the amount corresponding to the price increase in the apartment of this case, and thus, the Plaintiff should be paid in addition to the amount equivalent to 10,000,000 won of the price increase in the apartment of this case. However, upon examining all the evidence submitted by the Defendant, the Plaintiff and the Defendant

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