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(영문) 서울중앙지방법원 2019.10.18 2018나76707
보수 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 90,000,000 as well as to the plaintiff on February 9, 2018.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 3th sentence of the first instance judgment, the 15th to 16th sentence, are as follows.

The Defendant and D filed an appeal (Seoul High Court J, K) in both the judgment of the first instance court of this case. On December 21, 2018, the appellate court rendered a voluntary conciliation with the following contents and concluded the said case.

1. D and the defendant shall be divorced.

2. D and the Defendant shall make a division of property as follows:

The defendant shall pay a total of KRW 900 million to D, which shall be paid as follows on the last day of each month from December 31, 2018 to January 31, 2039:

(b)

D. D shall transfer to the Defendant the F20,728 shares in the name of D and the 314,964 shares in order to the Defendant (all taxes and expenses incurred in the transfer of shares shall be borne by the Defendant) as follows.

All the rights held as a shareholder who faithfully implements the subsection shall not be exercised, but the right to receive dividends shall be transferred to the defendant and exercised by the defendant.

(b)

(e) D shall implement the procedures for the registration of ownership transfer with respect to N/O of Yongsan-gu Seoul Metropolitan Government N/O of the first floor to the conciliation intervenor M on December 20, 2019.

The conciliation intervenor M shall take over the total amount of the collateral security and the obligation to return the lease deposit with D simultaneously with the execution of the procedure for the registration of ownership transfer.

(f) Ascertainment that the property and obligations held or to be borne by both other parties in their respective names are attributed to each other in their respective names as to the ownership and obligations.

3. D and the Defendant waive all of the additional claims, such as consolation money and a claim for division of property, related to divorce, and then have the other party dispute (including both civil, criminal, household affairs, etc.) in the future.

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