logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.07.22 2016가단52233
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grounds for claim;

A. The Plaintiff and the Defendant were in de facto marital relationship from around 2008 to July 28, 2014.

B. The Plaintiff paid a total of KRW 260 million to the Defendant under the condition of maintaining a de facto marital relationship during the de facto marriage period. Of that, KRW 98.4 million was paid in cash and KRW 1.1 billion to the Defendant’s account in the name of the Defendant, and KRW 61.26 million to the Defendant’s account in the name of the Defendant’s father C, etc.

C. Around July 28, 2014, the Defendant unilaterally set aside a de facto marital relationship with the Plaintiff and unjustly reversed it.

Therefore, the defendant should return the above KRW 260,660,000,000 donated to the plaintiff under the condition of maintaining de facto marital relations.

The Plaintiff, as a partial claim, seek payment of KRW 110 million and damages for delay, which have been transferred to the Defendant to the Defendant’s account in the name of the Defendant.

2. According to the judgment and conclusion-finding, Gap evidence Nos. 9-1 and 2, it can be acknowledged that the plaintiff remitted a total of KRW 11 million to the defendant's account several times from April 2008 to December 2012.

However, regarding whether the above KRW 11 million was donated under the condition to maintain a de facto marital relationship as alleged by the Plaintiff, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is not reasonable without further review as to the remainder of the issue.

Therefore, the plaintiff's claim of this case is not legitimate, and it is dismissed. It is so decided as per Disposition.

arrow