logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.08.29 2016가단41186
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2014, the Plaintiff and the Defendant, who had been in a marital relationship, filed a divorce lawsuit with the Busan Family Court 2012dhap2999 (principal lawsuit), 2012dhap3152 (Counterclaim), and the Defendant were divorced from the Plaintiff on September 18, 2014, and the Plaintiff paid KRW 230,000,000 to the Defendant as division of property.

B. As to this, the Plaintiff and the Defendant appealed to Busan High Court 2014Reu572 (principal lawsuit) and 2014Reu589 (Counterclaim), the said appellate court rendered a judgment that: (a) on July 24, 2015, the Plaintiff paid KRW 265,00,000 to the Defendant in relation to the part on the claim for division of property; (b) on the Plaintiff’s name, the Plaintiff transferred to the Defendant the Busan Eastdong-gu 104 Dongdong-gu 803 (hereinafter “instant apartment”); and (c) the Defendant exempted the Defendant from the obligation on collateral security of the Korea CF Bank (hereinafter “Korea CF Bank”) established on the said apartment.

C. As to this, the Plaintiff and the Defendant appealed to the Supreme Court Decision 2015Meu3158 (principal lawsuit), and 2015Meu3165 (Counterclaim), but the appeal by the Plaintiff and the Defendant was entirely dismissed on November 27, 2015, and the judgment of the said appellate court became final and conclusive.

On May 31, 2016 and July 4, 2016, the Plaintiff paid all property division and its delay damages to the Defendant according to the above appellate judgment. The Defendant completed the registration of ownership transfer on the instant real estate due to the property division on December 28, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. At the time of the judgment of the appellate court on divorce between the plaintiff's plaintiff's plaintiff's assertion and the defendant, the settlement of the secured debt between the plaintiff and the defendant was conducted on the premise that the defendant's secured debt of the Korea C&C was KRW 126,953,000, which the defendant

However, on February 1, 2016, the actual amount of the secured debt of the above-mortgage was KRW 67,494,000 between the Defendant and the secured debt of the above-mortgage.

arrow