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(영문) 부산지방법원 2018.07.18 2017가합52418
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 109,737,240 to the Plaintiff (Counterclaim Defendant) and its related amount from October 24, 2017 to July 18, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 27, 1969, the Plaintiff and the Defendant were legally married couple who completed the marriage report, and the Plaintiff was living separately with the Defendant from May 2016. 2) Thereafter, on May 19, 2016, the Plaintiff filed a lawsuit against the Defendant for divorce, etc. under the Busan Family Court Decision 2016Ra204567, and on July 21, 2017, the said court rendered a judgment dismissing the Plaintiff’s claim on the grounds that the Plaintiff’s grounds for divorce alleged by the Plaintiff have no grounds for divorce.

The plaintiff dissatisfied with this is currently pending in the appellate court by filing an appeal with the Busan Family Court 2017Reu20726.

(hereinafter referred to as "the divorce lawsuit of this case". B.

1) The Plaintiff’s share transfer and loss of the co-ownership rights of the building 1) from August 3, 1992 to August 3, 1992 1.

A) On February 14, 2013, the Plaintiff independently owned one half of the instant building, donated one-half of the share to the Defendant, and completed the registration of ownership transfer on March 4, 2013, and owned the instant building with the Defendant. (ii) On September 8, 2017, the Plaintiff lost the ownership of the instant building by completing the registration of ownership transfer with respect to one-half of the share of the instant building on grounds of sale as of August 2, 2017, for the Plaintiff’s transfer of ownership registration with respect to the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1, 2, and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion on the cause of the claim is that the Defendant received the difference from April 2015 to August 2017 on the first floor, second floor, and rooftop of the instant building from April 2015 to the Defendant’s account. On April 6, 2016, the Defendant also received the difference from the first floor of the instant building to the Defendant’s account.

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