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(영문) 제주지방법원 2019.08.22 2017가합12581
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. As regards KRW 41,924,956 and KRW 23,000,000 among the costs, October 17, 2017

Reasons

Basic Facts

The plaintiff and the defendant were in a de facto marital relationship between the plaintiff and the defendant from February 1988 and they were in a de facto marital relationship.

However, around October 20, 200, the Defendant liquidated the de facto marital relationship to the Plaintiff and prepared a deed of commitment and a receipt (Evidence A A) stating that the Plaintiff shall pay KRW 30,000,000 to the Defendant. From that time, the Plaintiff and the Defendant have lived in different places of residence respectively.

On April 17, 2015, the Defendant filed a property division petition against the Plaintiff with the Suwon District Court on the premise that the de facto marital relationship between the Plaintiff and the Defendant was terminated on March 2015, but the said court recognized that the de facto marital relationship between the Plaintiff and the Defendant was annulled on October 20, 200, and dismissed the Defendant’s claim on the ground that the Defendant’s claim for property division was filed after the lapse of the exclusion period of two years from the termination of the de facto marital relationship.

(U) The Defendant filed a complaint against the Defendant on August 16, 2017, which was dismissed on August 16, 2017 (U.S. District Court 2016B129), but the Defendant filed a reappeal, but was dismissed on December 22, 2017.

(Supreme Court Decision 2017SS596). The Plaintiff’s acquisition of each real estate listed in [Attachment 1, 2] List, and the Defendant’s possession Plaintiff acquired each real estate listed in [Attachment 1, 2] List as indicated below.

(1) On October 21, 2005, the following facts are examined: (a) the real estate listed in the separate sheet No. 1 list No. 1 list No. 1 list No. 2; (b) the real estate listed in the separate sheet No. 2 list No. 1 to No. 10; and (c) the real estate No. 1 to No. 10338, Oct. 21, 2005; and (d) the real estate No. 2148, Oct. 21, 2005; and (e) the real estate No. 3 of the instant case No. 4 of the instant case on May 3, 2002; and (e) the real estate No. 8538, Oct. 24, 2002; and (e) the real estate No. 7839, Oct. 21, 2005;

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