beta
Text
1. From August 24, 2017 to September 6, 2017, the Defendant amounting to KRW 45.3 million to the Plaintiff and the following:
Reasons
1. Presumed facts
A. The Plaintiff and the Defendant got married on December 16, 1997 and had two children among them, but they were divorced according to the Daejeon District Court’s ruling of recommending reconciliation (hereinafter “decision of recommending reconciliation”) on September 23, 2005.
B. The plaintiff and the defendant shall live together again from 2008, but they did not report the marriage.
Around September 2008, the Plaintiff and the Defendant leased C apartment (hereinafter referred to as “C apartment”) located in YY-si, the lease deposit amount of KRW 65 million (the Defendant asserted that the lease deposit is KRW 60 million. However, according to the Plaintiff’s statement in subparagraph 12 and the order to submit financial transaction information to the NH Nonghyup Bank, it can be recognized that the M&C Co., Ltd., the owner of the apartment, deposited KRW 65 million to the Defendant on November 30, 2009. Therefore, it is reasonable to view the lease deposit amount as KRW 65 million. On November 21, 2009, the lease deposit was leased KRW 65 million, and the lease deposit was increased to KRW 300,000,000,000,000,000,0000,000 won (hereinafter referred to as “E apartment housing”) on November 25, 2011.
C. From November 2009, the Defendant received and operated the Daejeon Seosung-gu D “G” store. The Plaintiff lent the lease deposit amount of KRW 50 million and the premium of KRW 50 million, which is the acquisition price, to the Defendant.
Afterwards, the above building was sold to H at auction, and the defendant received 36.5 million won as a person having a right to lease on a deposit basis at auction procedure, and out of which 20 million won was paid as a increased lease deposit for E apartment, and the remainder of 16.5 million won was deposited into the plaintiff's passbook.
The defendant concluded a lease contract again with H of the above building in the amount of KRW 50 million, and the above amount also lent to the defendant. D.
The plaintiff, around March 2016, claimed the defendant with the defendant, is different from the defendant's house.