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(영문) 울산지방법원 2017.05.25 2017나20296
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 30, 2001, the Plaintiff and the Defendant married on April 30, 2001 and married on October 31, 2013.

B. On August 20, 2004, the Plaintiff entered into a lease contract for the apartment of Yangsan-si C apartment No. 103, 1603, and paid KRW 20 million received from the Plaintiff’s parents and KRW 22 million, which the Plaintiff and the Defendant were the mother, as the lease deposit.

C. The Plaintiff and the Defendant established three times thereafter, and on the basis of the deposit for the deposit for the lease on a deposit basis, paid the deposit for lease or sales of the leased apartment in which the Plaintiff, the Defendant, and their families reside.

On November 3, 2010, the Defendant purchased D Apartment 315, 101,000,000 won and lived together with the Plaintiff and other family members. On October 14, 2013, the Defendant sold the above apartment at KRW 141,00,000,000,000. The Defendant repaid the amount of KRW 90,000,000 from the mortgage-based bank established on the above apartment as the purchase price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 11, Eul evidence Nos. 2 and 3 (including those with serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment are the Plaintiff’s unique property donated by the Plaintiff’s parents. The Plaintiff was omitted in the process of division of property, and the Defendant, who was unaware of the Plaintiff, offered money as security to the Plaintiff, and used the Defendant’s personal debt repayment to pay the Defendant’s personal debt. As such, the Defendant asserts that the Defendant was obligated to return the amount of money as unjust enrichment because it obtained benefits equivalent to the Plaintiff’s unique property.

The plaintiff received KRW 20 million from the plaintiff's parent in 2004 and used it as a deposit for the lease of a residential area. However, circumstances acknowledged by comprehensively considering the overall purport of pleadings in the statements in the evidence Nos. 1, 1, 7, and 8, namely, the plaintiff and the defendant have maintained a marital life for 12 years since they were married on April 30, 201, and the above KRW 20 million as C Apartment 103.

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