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(영문) 서울고등법원 (춘천) 2018.09.12 2017나1733
손해배상(기)
Text

1. The part against Defendant B in the judgment of the first instance is exchanged, added, expanded, or reduced by this court.

Reasons

Basic Facts

The Plaintiff and Defendant B began living together with each other from July 23, 2002 to October 2002, and Defendant B given birth of DJ E.

Defendant C is the birth of Defendant B.

The plaintiff purchased a motor vehicle listed in the attached list (hereinafter referred to as the "motor vehicle of this case") and completed a new motor vehicle registration in the name of the plaintiff on October 7, 2008.

Defendant B withdrawn money from the Agricultural Cooperative Fund Account in the Plaintiff’s name (hereinafter “First Account”) and the Agricultural Cooperative G Account in the name of the Plaintiff (hereinafter “Second Account”) as indicated below.

On June 15, 2015, the money was transferred to Defendant C on June 25, 2015, to the original account (original) account No. 40,000,000 to Defendant C on June 30, 2015, and the money was transferred to Defendant C on June 25, 2015 to August 10, 2015, 10,000,000 to 2 I on August 20, 2015, and Defendant B lived with the Plaintiff on September 1, 2015, and around September 24, 2015, Defendant B lived with the Plaintiff on September 1, 2015.

【In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, Eul evidence 3, Eul evidence 2-1, Eul evidence 2-19, and defendant Eul's defense prior to the purport of the whole arguments are pending in Chuncheon District Court, and the lawsuit of this case also has jurisdiction over the family court. According to Article 2 (1) 1 (c) (i) of the Family Litigation Act, the claim for damages and restoration due to the wrongful reversal of a de facto marriage relation shall be multi-class family litigation cases, and Article 2 (1) 2 (b) (iv) of the Family Litigation Act shall be subject to the exclusive jurisdiction of the family court under Article 839-2 (2) of the Civil Act (including cases applied mutatis mutandis pursuant to Article 843 of the Civil Act), but the lawsuit of this case shall not fall under the above provisions and shall not fall under the exclusive jurisdiction of the family court.

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