(영문) 서울북부지방법원 2017.09.27 2016가단135426

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(영문) 서울북부지방법원 2017.09.27 2016가단135426

부당이득금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 7, 2010, the Seoul Family Court and the Defendant concluded the following conciliation in divorce and division of property between the Plaintiff and the Defendant.

The applicant (the plaintiff in this case) and the respondent (the defendant in this case) shall be divorced.

The respondent shall implement the registration procedure for transfer of ownership based on the division of property on the date of the conciliation of this case with respect to 4/10 of the real estate listed in the attached list (the real estate of this case from the next to the following).

After the registration of transfer of the above real estate has been completed, the applicant shall take over KRW 40,00,000 out of the debt of 100,000,000 which the respondent bears.

After the date the conciliation of this case is completed, the claimant and the respondent have renounced all additional claims related to the divorce of this case, such as consolation money and division of property, against each other, and shall not file any dispute over them.

B. On July 5, 2016, the Plaintiff completed the registration of transfer of ownership based on the division of property on September 7, 2010, as Seoul Northern District Court’s Dobong District Court’s receipt of the same day, No. 42150, the same day.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 9, and Eul evidence 1 to 32

2. Determination

A. (1) On September 7, 2010, the Plaintiff’s assertion that there was division of property regarding the instant real estate on September 7, 2010. From September 7, 2010 to June 2016, the Defendant is obligated to return KRW 92,809,471, subtracting the Defendant’s 15,840 won from the amount of KRW 107,938,31, which was deducted from the rent received from the lessee of the instant real estate, and the amount of KRW 40,000,000, which was paid by the Defendant to the Plaintiff, as unjust enrichment. (2) The Defendant’s assertion that the Plaintiff had completed the registration of ownership transfer only after the lapse of six years from September 7, 2010 to July 5, 2016.

During the period before the registration of ownership transfer is completed, the plaintiff claims the right to operate the building.

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