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(영문) 의정부지방법원고양지원 2017.09.22 2017가합71522
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion on January 7, 2009, when the defendant, who was his spouse on January 7, 2009, purchased the apartment as indicated in the separate sheet (hereinafter "the apartment of this case") from C, the plaintiff bears KRW 230 million out of the purchase price of KRW 430 million. The defendant gains unjust enrichment of the above KRW 230 million, and thus the defendant is obligated to return the above KRW 230 million to the plaintiff.

2. Determination

A. According to the overall purport of the evidence and arguments stated in the evidence No. 1, No. 1, 2, and No. 3, and No. 1, the plaintiff and the defendant made a marriage report on Nov. 24, 1999, and they were divorced on Feb. 21, 2004, but decided on Feb. 21, 2005, and were in de facto marital relationship from that time. 2009. The defendant decided to purchase the apartment in this case with C on Jan. 7, 2009. The defendant decided to purchase the apartment in this case with C in this amount of KRW 430 million. However, considering that the above apartment was established, the defendant's sales contract was concluded to "the secured debt of the right to collateral security, which was established on the apartment in this case, succeeded to KRW 200,000,000,000,000 for the above apartment in this case's sales price to the defendant, the defendant cannot be found to have any legal obligation to support the defendant.

Therefore, the plaintiff's above assertion is added.

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