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(영문) 수원지방법원 2016.12.14 2016가단507723

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence No. 1, No. 3, and the purport of the whole pleadings;

A. The Plaintiff married with C around 197, and between C and C (199) and E (201).

B. The Defendant established an illegal relationship between C and C around 2008 and around 2014.

C. The Plaintiff’s family member was sold an apartment in Seoul around 2014, which was living in the apartment at the domicile of the Plaintiff’s family.

C A dental hospital is operated in a veterinary hospital, and the plaintiff has no particular occupation and income.

E. On August 2, 2014, C entered into a lease agreement with F and Suwon-si G, 6404 Dong 1804 (hereinafter “instant apartment”) on the condition that deposit money be KRW 350 million and the period from August 20, 2014 to August 19, 2016, to lease the instant apartment.

F. The Defendant resided in the instant apartment from March 15, 2015 to June 11, 2016.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff’s assertion (1) on May 25, 2014, the Defendant found an apartment in which the Plaintiff’s family member resided, and the Plaintiff’s family member had to be aware of the fear that the Defendant would find the apartment, and that the Plaintiff’s family member would be aware of the neighbor’s reputation, and decided to temporarily hold a director before moving into the apartment in Seoul, and leased the instant apartment in the name of C on August 2, 2014.

The plaintiff and C shared management of the property by sharing their roles as the husband and wife without their superior, and the apartment of this case also owned the right to lease the apartment of this case as joint property by the husband and wife, and the plaintiff and C have completed the right to lease the apartment of this case as the husband and wife.

The defendant resided in the apartment of this case and used the apartment of this case as a place of fraudulent act with C, and occupied and used the leased object, which is the common property of the married couple, without any title, and thereby, incurred loss to the plaintiff, which corresponds to the plaintiff's share.