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(영문) 서울고등법원 2016.07.06 2015나2051676
채권자대위에 의한 부당이득반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The pertinent Plaintiff was married on March 2, 1997 with C and C, and on June 10, 2014, a judicial divorce was made on June 10, 2014. The Defendant is C’s mother.

B. The Plaintiff and C’s divorce 1) from March 22, 1997 to around 200, the Plaintiff got married to and married in C and Australia, and resided in Korea in around 2009, and returned to Australia in around 2010. The Plaintiff was engaged in economic activities as a software development business entity, and C was in full charge of domestic affairs and childcare as a full-time occupational father. (2) around September 2012, 2012, C was under the order of no access to Australia to the Republic of Korea by reporting the above violence of C to the police and under the order of no access to Australia on December 6, 2012.

3) On October 24, 2012, the Plaintiff filed a lawsuit against the Family Court of Australia regarding division of property and designation of a custodian for fostering property. On November 30, 2012, the Plaintiff filed a lawsuit seeking divorce and division of property (hereinafter “instant divorce lawsuit”) with the Seoul Family Court (2012Dhap14081) (hereinafter “instant divorce lawsuit”).

(4) On May 15, 2014, the Seoul Family Court rendered a judgment to the effect that C was unable to take advantage of verbal abuse against the Plaintiff and his/her children during the marriage period, and that C was given an order of prohibition of access due to the use of violent force against his/her father and children, and that C was divorced from the Plaintiff and C, and C would pay 10,000 won for consolation money and 423,620,000 won for division of property (hereinafter “instant divorce judgment”). The instant divorce judgment became final and conclusive on June 10, 2014.

C. On December 26, 2001, the Plaintiff and C, who concealed C’s property, continued to have a matrimonial relationship, are the Plaintiff’s income and the Plaintiff’s income.

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