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(영문) 부산지방법원 2018.07.19 2017가단329708

부당이득금

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On April 21, 1995, the original defendant reported the marriage, and on April 2, 2012, reported the divorce.

On May 13, 2011, the Defendant completed the registration of ownership transfer on the grounds of sale on April 13, 201 with respect to C Apartment Nos. 103, 701 (hereinafter “multi-family housing”) of Changwon-si's window Co. 103, 701. On the same day, the Defendant completed the registration of ownership transfer on the grounds of the debtor, the defendant, the mortgagee of the right to collateral security, and the mortgagee of the right to collateral security.

On December 28, 2011, the defendant completed the registration of ownership transfer on November 23, 201 with respect to No. 1 apartment.

On January 14, 2016, the Defendant completed the registration of transfer of ownership on the ground of sale on December 10, 2015, with respect to H apartment Nos. 304 (hereinafter referred to as “second apartment”) on the third floor, H apartment, 4 lots outside Busan Geum-gu, Busan (hereinafter referred to as “second apartment”).

On August 25, 2011, the Plaintiff was confined to the Busan Correctional Institution, and was released from the parole on June 30, 2016, and was issued a provisional protective order on August 21, 2017 with respect to restriction on access to the Defendant.

[Grounds for recognition] In the absence of dispute, Gap 1, 2, 5, 9 (including the number of branch numbers), Eul 6 evidence, Eul 6 evidence, the plaintiff's assertion of the purport of the whole argument as to the purport of the whole argument, and 10 million won secured from the sale price of the first apartment, and 64,000,000 won supported by the company participating in the plaintiff and 64,000 won supported by the company participating in the second apartment. Thus, 122,00,000 won, which is the sale price of the second apartment, was unjust enrichment.

(A) The Plaintiff asserted that the Defendant made unjust enrichment equivalent to the price for the purchase and release on bail, but this part was excluded from the claim amount). According to the purport of the Plaintiff’s written evidence No. 1 and the entire pleadings as to the defense prior to the merits, the original Defendant submitted two copies of the written agreement to the Busan District Police Station on July 12, 2017, and among the contents, “the original Defendant shall not be held liable to the Defendant for all of the movable and immovable property purchased and owned for 25 years together.”