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(영문) 수원지방법원 2020.02.11 2019가단528189
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was a legally married couple who completed the marriage report on December 5, 2006 with the Defendant, but the agreement was married on December 27, 2010.

In the process, a statement of liability for child support was prepared to the effect that the defendant raises a minor, and that the plaintiff shall pay the child support of KRW 500,000 per month to the defendant before the child reaches the majority.

B. The Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C (the Defendant and his name) in KRW 96 million, and completed the registration of ownership transfer in its name on March 12, 2008.

Of the above purchase price, KRW 50 million was prepared by the Defendant by the Plaintiff, and the remaining KRW 30 million was leased and appropriated for the lease deposit.

C. On December 11, 2009, the Plaintiff entered into a lease agreement with the lessor to lease the leased house E located in the Suwon-si District with the lessor as the Defendant (hereinafter “the lease of this case”) and paid the lessor KRW 60 million as the lease deposit.

Since then, on March 22, 2011, the Defendant received a refund of KRW 60 million from the lessor upon the termination of the lease, and returned KRW 10 million to the Plaintiff.

On January 9, 2018, the Defendant filed an application for change of person with parental authority and child support (2017 shotle 50583) with the Plaintiff, and the following mediation was concluded.

1. Change of person with parental authority of the principal of the case to the defendant

2. The plaintiff is the defendant,

(a) An amount of KRW 17.2 million shall be paid to the principal of the instant case for the past childcare expenses until December 2017, on condition that it shall be paid KRW 17.2 million on the last day of each month from January 2018 to October 2018 in ten installments.

B. The amount of KRW 600,000 per month from November 2018 to February 2020, the amount of KRW 700,000 per month from March 2020 to February 2023, and the amount of KRW 800,00 per month from March 2023 to July 2026 shall be paid on the last day of each month.

The defendant is entitled to the above A.

The circumstances in which childcare expenses are paid, such as paragraph (1).

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