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(영문) 의정부지방법원 2019.08.16 2018가합57278
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the network D (hereinafter “the deceased”), and the Defendant is a person in a de facto marital relationship with the deceased.

B. From around 207, the Defendant began living with the Deceased in Gwanak-gu in Seoul Special Metropolitan City and passed an administrative announcement on August 2012, 2012, and entered into a lease agreement with the Sejong Special Self-Governing City with respect to G Apartment H (hereinafter “H apartment”) in relation to the G apartment site in Sejong Special Self-Governing City, Sejong Special Self-Governing City (hereinafter “H apartment”), with a deposit of KRW 120 million, and the lease period from October 31, 2014 to November 1, 2017 (hereinafter “the lease agreement in this case”). Since then, the Defendant resided in the apartment site in the above H apartment.

C. 1) Sejong Special Self-Governing City I apartment J (hereinafter “J apartment”) is the acquisition of real estate in the name of the Defendant.

(A) On December 4, 2014, the Defendant agreed from K to purchase the J apartment at KRW 22,80,000,000,000 for the down payment, intermediate payment, KRW 195,20,000,000 in total, and KRW 228,000,000 in total, and completed the registration of ownership transfer on the J apartment on February 24, 2015.

B) At the time of the above sales contract, the Defendant leased J apartment units to K on the condition of deposit of KRW 130 million, and two years, but the lease contract was made at the time of payment of the remainder, and the deposit was agreed to settle the balance in the balance. C) On February 24, 2015, the Defendant borrowed KRW 30 million from L Co., Ltd. as “M” goods, and on the same day, on the same day, set the maximum debt amount of KRW 33 million in J apartment units, the obligor, Defendant, and the mortgagee L Co., Ltd., Ltd. set up a mortgage on December 15, 2016 with K to sell J apartment units at KRW 180 million, the lease period of KRW 180 million, and KRW 300,000,000 from February 24, 2017 to February 23, 2019, and concluded a contract with the Defendant 308,000,000).

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