(영문) 의정부지방법원 2019.07.02 2019가단906

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(영문) 의정부지방법원 2019.07.02 2019가단906

부당이득금반환청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant were married with the defendant on March 13, 2003.

B. At the time of the divorce between the Plaintiff and the Defendant, at the time of the agreement, leased and resided in the Plaintiff’s Government-si Dagra on a condition of KRW 22 million, but the name of the householder was changed from the Plaintiff’s name on the date of divorce.

C. On April 10, 2007, the Defendant concluded a sales contract with the content that the 4th floor E (hereinafter “the instant loan”) of the 4th floor above the Do government-si and the Do-si purchased the purchase price of KRW 28.5 million (the terms of succession to the existing right to collateral security), and completed the registration of ownership transfer in the name of the Defendant on May 23, 2007.

【Ground for recognition: Facts without dispute, and evidence No. 2

2. The parties' assertion

A. The plaintiff, who was divorced by agreement with the defendant, was the largest divorce for avoiding seizure from the creditors.

After all, the Plaintiff purchased the loan of this case in the name of the Defendant, which was actually a marital life with the Defendant, but it was purchased with the money of the Plaintiff.

Therefore, the Defendant is obligated to return to the Plaintiff the sum of KRW 5 million, the remainder of KRW 16.79 million, the registration fee of KRW 6.42,00, the registration tax of KRW 342,00, and the amount of redemption of the guaranteed obligation after the remainder payment date of KRW 12,987,29,297, the amount of redemption of the guaranteed obligation after the remainder payment date.

B. The amount of KRW 16 million, out of the security deposit of Defendant C Borrowing KRW 22 million, was created with the assistance of the Nurie Government.

Since then, the loan of this case was purchased under the condition that the above deposit 22 million won and the defendant borrowed 30 million won from her friendship, together with the loan of this case which was established on the loan of this case.

The right to collateral security of KRW 30 million is established in the name of relative F, and the Defendant has paid the principal and interest of the loan of this case up to now.

In other words, the defendant was divorced from the plaintiff of this case.

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