beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From October 18, 2006, the Plaintiff has maintained de facto marital relationship with the deceased E (hereinafter “the deceased”) and has been living as a couple.
B. On January 1, 2018, the Deceased died, and the Defendants are legal inheritors as siblings of the Deceased.
C. The Plaintiff filed a lawsuit for confirmation of existence of a de facto marital relationship with the Incheon Family Court’s father-Support 2018ddan100826, and the said court rendered a judgment on May 30, 2018 that “The Plaintiff and the Deceased confirmed that a de facto marital relationship existed between October 18, 2006 and January 1, 2018.”
[Ground of recognition] Facts without dispute, Gap evidence No. 14, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the Plaintiff had a de facto marital relationship with the Deceased from around 1996. The Plaintiff lent KRW 12,00,000 to the Deceased when the Deceased purchased a ready-mixed vehicle in 2001. The Plaintiff leased KRW 9,200,000 to the Deceased when the Deceased purchased a mid-to-date vehicle around July 2004. The Plaintiff leased KRW 35,000 to the Deceased when the Deceased purchased an apartment building in 2006. When the Deceased purchased an apartment building in 2006, the Plaintiff leased KRW 55,00,000 to the Deceased, and around March 2015, the Deceased lent KRW 11,20,000 to the Deceased and lent KRW 111,20,000 in total to the Deceased, and the Defendants, a legal inheritor of the Deceased, were obligated to pay damages for delay to the Plaintiff, respectively.
B. According to the evidence Nos. 4, 5, 7, 10, 11, and 13 of the judgment of the court below, it is recognized that the Plaintiff borrowed or terminated installment savings during the financial period at the time of the purchase or acquisition of real estate by the deceased, and that the Plaintiff transferred a certain amount of money to the deceased.
However, if the money is paid due to a loan for consumption, the intent of both parties to make the loan for consumption must be satisfied at the time of payment of the money, and the other party will be the same.