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Reasons
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(영문) 울산지방법원 2017.01.11 2016가단53427
부당이득금
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1. The Defendant’s KRW 2,500,000 with respect to the Plaintiff and the following: 5% per annum from November 12, 2015 to January 11, 2017;

Reasons

1. Requests for return of unjust gains;

A. On July 15, 2015, the Plaintiff and the Defendant shall pay the Defendant a total of KRW 340,00,000 to the Defendant as division of property, KRW 100,000 on July 15, 2015, KRW 90,000,000 until August 20, 2015, KRW 50,000,000 until September 30, 2015, and KRW 50,000,000 on December 30, 2015, KRW 50,000,000,000 on December 30, 2015, and KRW 50,000,00 on March 30, 2016, and KRW 50,000,000 on the basis of the agreement that the Plaintiff loses the benefit of time and the amount payable shall be paid by adding the amount payable to 20% (hereinafter “the agreement”).

(2) Around that time, the Plaintiff and the Defendant drafted a written statement of waiver of the decision of recommending reconciliation.

3) On July 27, 2015, the Ulsan District Court rendered a ruling of recommending reconciliation (hereinafter “decision of recommending reconciliation of this case”) including the same content as the instant agreement in the case of the designation of the Plaintiff and the Defendant for divorce and custody (2015da22113).

(4) On July 31, 2015, the Defendant raised an objection against the said decision of recommending reconciliation, and the Defendant withdrawn the said objection on February 15, 2016 while the said case was in progress.

5) The Defendant filed a claim with the Plaintiff for KRW 16,866,37 as interest other than principal under the instant agreement, and the Plaintiff paid the same on March 15, 2016. [No. 1, No. 2, No. 2, No. 3, No. 4, No. 5, and the purport of the entire pleadings, which are the grounds for recognition.

B. On the wind of the Defendant’s assertion and determination 1, the Plaintiff did not pay the money from August 20, 2015 out of the content of the instant agreement.

However, on February 15, 2016, the defendant withdrawn an objection against the decision of recommending reconciliation, and on March 2, 2016, the above decision became final and conclusive.

The scope and contents of the right to claim property division due to divorce are unclear until specific contents are formed by consultation or adjudication.

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