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(영문) 부산지방법원동부지원 2013.10.25 2013가합100353
부당이득금반환 청구의 소
Text

1. The Defendant’s KRW 138,620,890 for the Plaintiff and KRW 5% per annum from October 18, 2006 to October 25, 2013.

Reasons

1. Basic facts

A. The relevant Plaintiff between the Plaintiff and the deceased, who was married with the deceased C on December 5, 1990 (hereinafter “the deceased”), and was married with the deceased on December 5, 199, does not have a child between the Plaintiff and the deceased (the deceased’s heir is the Plaintiff), and the Defendant is the birth of the deceased.

B. Around March 2004, the Plaintiff and the Deceased filed a divorce lawsuit against the Plaintiff at the Busan District Court’s home, and around March 2004, the Plaintiff filed a claim for consolation money and division of property (the Busan District Court Family Branch 2004Dhap431). The Plaintiff filed a counterclaim claiming a divorce against the Deceased (the Busan District Court Family Branch 2004Dhap905).

(2) On January 26, 2006, Busan District Court rendered a judgment that "the deceased and the plaintiff shall be divorced, and the plaintiff shall pay 50 million won and damages for delay (the amount shall be 5% per annum from April 1, 2004 to January 26, 2006, and 20% per annum from the next day to the date of full payment) to the deceased as consolation money, and the deceased shall transfer ownership registration procedure based on the division of property as to D Apartment 108 Dong 1604, Busan High Shipping-gu, Busan High Court (hereinafter "the divorce lawsuit of this case"), and the plaintiff shall pay 30 million won and damages for delay to the deceased."

(3) Both the Plaintiff and the Deceased appealed against the above judgment. On September 22, 2006, the appellate court (Seoul High Court) dismissed the remaining appeal by the Plaintiff and the Deceased (the amount calculated by the rate of 5% per annum from the day after the above judgment became final and conclusive to the day of full payment) while rendering a judgment that “The Deceased shall take procedures for the registration of transfer of ownership based on the division of property as to the above D Apartment 108 and 1604, and the Deceased shall take procedures for the registration of property division as to the Plaintiff, and the Plaintiff shall pay to the Deceased KRW 130,787,150, and delay damages (the amount calculated by the rate of 130,787,150 per annum from the day after the above judgment becomes final and conclusive).”

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