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1. As to the Plaintiff KRW 134,907,00 and its KRW 84,907,00 among them, the Defendant shall pay to the Plaintiff KRW 134,90,000 on June 14, 2014.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant married on June 12, 1998 and divorced on February 10, 2009.
B. During the marriage period between the Plaintiff and the other male, the Defendant gave birth to CB and EF (hereinafter “the instant children”), and the Plaintiff considered the instant children as friendship and took care of them together with the Defendant until September 2007. The Defendant deposited KRW 84,907,000, a total of 42 times from May 12, 2009 to January 15, 201 after the divorce with the Defendant, into the account in the name of the Defendant’s child support.
C. On July 12, 2013, the Plaintiff filed a lawsuit of denial of paternity against the instant children, which became final and conclusive on January 23, 2014, by filing a lawsuit of denial of paternity with the Seoul Family Court 2013Ddan5281, and the said children were declared to be the natural father of the Plaintiff, and the said judgment became final and conclusive on January 28, 2014.
[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence Nos. 3-6, 9, 10, and the purport of the whole pleadings
2. Determination as to the cause of action
A. On April 12, 2004, the Plaintiff filed a claim for damages related to the division of property or the return of unjust enrichment, which was acquired under the name of the Defendant on April 12, 2004 in the marriage, shall be subject to the division of property at the time of divorce, and at least 1/2 of the value of KRW 530 million shall have been attributed to the Plaintiff, but the Defendant, by deceiving the instant children as the Plaintiff’s friendship, had the Plaintiff recognize the said apartment as owned by the Defendant for the stabilization of the livelihood and welfare of the said children. Thus, the Defendant asserts that the Plaintiff is liable to pay KRW 265 million, which is 1/2,000 of the value of the instant apartment, to the Plaintiff due to tort or for the return of unjust enrichment.
The division of property in divorce is a system with the nature of the liquidation of common property formed through mutual cooperation between the parties during marriage, which has the nature of support to the other party, and it is claimed within two years from the date of divorce.