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(영문) 부산고등법원 2019.06.19 2018나54944
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff and C were living together in around 1977 and completed a marriage report on May 22, 1981, and they were legally married couple, and C gave birth to D date, and the family relation certificate was written that the Defendant was born with his father and C. 2) The Plaintiff living together with N and three years around 1994 when the Defendant was a high school student. 2) The Plaintiff, around 1994 when the Defendant was a high school student, was living separately with C, while maintaining a de facto marital relationship with C and maintaining a de facto marital relationship with C. At present, a divorce lawsuit is pending with C.

3) P Co., Ltd. (hereinafter “P”).

(2) The Plaintiff was a company established for the purpose of running a liquor sales business, etc., and the Plaintiff was a P’s auditor from May 31, 200 to February 27, 2003; from February 27, 2003 to December 11, 2014, the Plaintiff was in office as a P’s representative director from October 1, 2003 to December 11, 2014; and the Defendant was in office as a P’s auditor from February 27, 2006 to November 5, 2013; (b) the Plaintiff was divided into 1,000 square meters of land and 2,000 square meters of land into 3,000 square meters of land and 1,0000 square meters of land among E and 2,000 square meters of land, and 1,0000 square meters of land and 1,0000 square meters of land and 1,000.

(hereinafter referred to as “each land of this case” after the division, the Plaintiff entered into a sales contract with E to purchase 1,321/1,675 shares, and the Defendant to purchase 354/1,675 shares in total for KRW 747,00,000.

Accordingly, on October 7, 2010, E completed the registration of ownership transfer on August 18, 2010 with respect to the portion of 1,321/1,675 out of each land of this case to the Plaintiff, and with respect to the Defendant’s share of 354/1,675 out of each land of this case (hereinafter “each share of this case”).

2. Each of the instant cases around November 2012.

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