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(영문) 부산지방법원 2015.08.12 2014가합17285
부당이득반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s relationship 1) The Plaintiff is the deceased D (hereinafter “the deceased”).

Defendant B is the wife of the deceased, and Defendant B was the mother of the deceased, and Defendant C was the deceased’s person who was the deceased’s death (However, this status was terminated as a result of the death of the deceased).

(2) From around 1986 to around 2011, Defendant B operated a high-level wholesale and retail business in the gravel market until it was discovered as a violation of the Fishery Resources Management Act and the suspension of its business. The Deceased had attempted to work for Defendant B to work one to two times a week from around 2004 to around 1 week.

3) The Plaintiff started living together with the Deceased on February 7, 200 after first known around July 1999. On September 26, 2002, the Plaintiff maintained a de facto marriage relationship by giving birth to his or her daughter, etc., and completed the marriage report on January 12, 2005. However, on February 15, 2012, the Plaintiff filed a divorce lawsuit against the Deceased on the ground of the deceased’s unlawful act, etc. (hereinafter “instant divorce lawsuit”).

(B) On March 27, 2012, the Plaintiff filed a counterclaim with the Busan Family Court (2012Dhap1064).

(B) On January 26, 2013, during the instant divorce lawsuit, the Plaintiff withdrawn the lawsuit on April 3, 2013 due to the deceased’s suicide on January 24, 2013, and the instant divorce lawsuit was concluded. B. On January 26, 2012, the Plaintiff, who executed provisional seizure against corporeal movables against the deceased, was a claim for division of property against the deceased on January 26, 2012, as the claim for division of property against the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased at the freezing E-gu, Busan (hereinafter

2) On January 31, 2012, and February 8, 2012, the provisional seizure of corporeal movables against the Defendant (Seoul Family Court No. 2012 businessshap8) (hereinafter “execution of provisional seizure of this case”) (hereinafter “execution of provisional seizure”).

(C) complete the proceedings. [Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (if any, with a serial number), each entry, including a serial number, and the purport of the whole pleadings.

2. The plaintiff's assertion and its objection.

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