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(영문) 춘천지방법원원주지원 2020.04.01 2019가단57529

부당이득금반환

Text

1. As to Defendant B’s KRW 14,00,000 and KRW 5,000 among them, Defendant B’s KRW 14,00,000 from December 10, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B reported a marriage on December 29, 2008, but reported a divorce on October 4, 201. On June 14, 2011, the Plaintiff and Defendant B reported a divorce on August 8, 201.

B. On September 11, 2013, the Plaintiff was sentenced to imprisonment with prison labor for not less than one year and was under criminal trial on charges of fraud, etc.

C. Defendant B withdrawn KRW 6 million on September 14, 2013 from the post office passbook (Account Number D; hereinafter “instant passbook”) under the Plaintiff’s name, KRW 6 million on September 14, 2013, KRW 6 million on June 16 of the same month, KRW 1 million on October 14, 2013, and KRW 1 million on October 14, 2013, respectively.

On March 31, 2009, the registration of the transfer of name was completed on August 16, 2013 with respect to the Ethycifa car (hereinafter “the instant car”) whose new registration was completed under the Plaintiff’s name on August 31, 201, and the registration of the transfer of name was completed on September 25, 2013.

E. On January 15, 2010, around August 16, 2013, the registration of transfer of the name was completed in the name of Defendant B in the name of G on or around November 28, 2013 with respect to the Fdiversified (DDA) Cargo (hereinafter “instant Cargo”) for which the registration of transfer was completed under the Plaintiff’s name, and the registration of transfer of the name was completed in the name of H on or around December 10, 2014.

F. On or around August 19, 2013, the Plaintiff completed the registration of ownership transfer in Defendant B’s name on or around December 30, 2015, with respect to the land of 358 square meters and 444 square meters in J (hereinafter “instant land”) that was acquired on or around March 7, 2012, the Plaintiff had completed the registration of ownership transfer in the Plaintiff’s name around December 30, 2015.

G. Defendant C is the form of Defendant B’s punishment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 8, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. On September 11, 2013, the Plaintiff’s assertion 1 of the parties concerned was dismissed on or around September 1, 2013, and Defendant B withdrawn KRW 2 million from the passbook in this case.