logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.09.24 2015가합20487
부당이득반환 및 소유권이전등기
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 was in a de facto marital relationship for 30 years between the deceased E (the deceased on February 16, 2014, hereinafter “the deceased”) and the deceased until the deceased died.

B. The Defendants are the deceased’s legal successors as their siblings.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. On November 7, 2006, the Plaintiff paid KRW 60,550,000 to F’s agent for acquisition of the license for private taxi business, which the Deceased should pay to F (the submission of the Plaintiff is indicated as “G” but appears to be “F” according to the statement in subparagraph 1).

B. In addition, on March 12, 2008, the Plaintiff paid KRW 124,00,000 to J the purchase fund of No. 1002 of the 105-Dong 1002 of the Seo-gu Incheon International Apartment No. 105 (hereinafter “instant real estate”).

C. The Plaintiff’s payment of each of the above money on behalf of the deceased is a donation made to the deceased on the condition that the deceased is a de facto spouse of the Plaintiff as a de facto spouse, and that he would maintain his living with the care and support the Plaintiff

Nevertheless, the deceased did not perform his duty to support, such as being under the influence of alcohol, and thus, the Plaintiff cancelled the above-paid donation contract on the ground of the deceased’s failure to perform his duty to support.

Therefore, the Defendants, who succeeded to the duty of restitution upon the rescission of the contract with onerous donation, should jointly and severally pay to the Plaintiff a total of KRW 184,550,000 (=60,550,000) and interest interest in arrears.

3. Determination

A. According to the statements in evidence Nos. 1 through 5, 9, 11, and 19, the deceased decided to take over a personal taxi business license from F on November 7, 2006. From the account under the Plaintiff’s name, F’s agent H was paid a total of KRW 60,50,000 ( KRW 10,000,000 on November 7, 2006, KRW 20,000,000 on October 22, 200, KRW 30,000,000 on the same month, and KRW 50,000 on the same month, and KRW 50,00 on November 9, 206).

arrow