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(영문) 수원지방법원 2016.09.22 2016가단7827

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s father, father C, was able to have two divorce records, and was living together with Defendant for about three months around 2012, and completed the marriage report on November 20, 2012.

B. C and the Defendant, while married life, were married, married by agreement around November 27, 2015. At the time, C and the Defendant agreed on the division of property as stated below.

C BD

C. From January 23, 2013 to April 23, 2015, totaling KRW 27,720,000 per event 28 times from January 23, 2013 to April 23, 2015, totaling KRW 27,720,000, from the deposit account under the Plaintiff’s name to the Defendant’s Samsung Fire Marine Insurance Co., Ltd.’s account, and paid

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff alleged in the parties. The above 27,720,00 won was transferred by the defendant to the defendant for a long time because he would live well with C, and the defendant had a duty to return the above 27,720,000 won to the plaintiff as a result of repeated withdrawal and going home and going home from the time when he did not live well with C. In this case, the plaintiff had a dispositive act of remitting money in accordance with the defendant's deception that he would live well with C. Thus, the plaintiff revoked the dispositive act of remitting money by delivery of the copy of the complaint of this case, and as a result, the defendant had a duty to return the above 27,720,000 won to the plaintiff.

In regard to this, the defendant asserts that the defendant could not comply with the plaintiff's claim of this case since he was unaware of the plaintiff and did not receive the above money and the person who remitted the above money is not C, not the plaintiff.

B. First, the judgment seems to be consistent with the Plaintiff’s assertion that the said money was transferred by falling under the Defendant’s deception that would best live with C.