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(영문) 수원지방법원여주지원 2016.04.28 2013가단16888
전세권이전등기 등
Text

1. The Defendant’s KRW 50 million and KRW 5 million among the Plaintiff’s KRW 50 million shall be KRW 45 million from August 28, 2013 and KRW 45 million.

Reasons

1. The Plaintiff and the Defendant came to know of the facts of the foundation on March 201, and they were living together and in de facto marital relations from April 201.

Around July 14, 2013, the Defendant, while liquidated a de facto marital relationship with the Plaintiff, paid consolation money of KRW 30 million in total to the Plaintiff by recognizing that the cause of the de facto marital relationship failure, such as external intention, etc. with other men, exists, and in lieu of paying KRW 25 million among them, transferred the Defendant’s name of the person having chonsegwon to the Plaintiff as to KRW 3 201,000,000, in lieu of paying KRW 25 million.

On the other hand, the defendant paid 20 million won out of 45 million won of the above apartment to the settlor of chonsegwon with the money contributed by the plaintiff.

The defendant received KRW 45 million from the settlor of chonsegwon to the expiration of the lease period for the above apartment.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Gap evidence 5 (the defendant's seal of the defendant's name in the above agreement, and the defendant's seal of the defendant's name in the above agreement is presumed to be the authenticity of the entire document. Thus, since the defendant claims that the plaintiff stolen the defendant's seal and forged the above agreement, it is not sufficient to recognize the plaintiff's evidence Nos. 11 through No. 15, Eul's evidence No. 21, witness evidence Nos. 11 through No. 21, witness DNA's testimony, witness Eul's case in this court, E-Myeon office's fact inquiry, and there is no other evidence to acknowledge it.)

2. According to the above facts of determination as to the cause of claim, the defendant's duty to change the name of the person having chonsegwon against the plaintiff was in an unperformanceable condition, and the defendant received a refund of 45 million won for the deposit money. Thus, the defendant shall pay the plaintiff 20 million won of the plaintiff's contribution included in the deposit money returned by the defendant of KRW 50 million, and the consolation money paid to the plaintiff of KRW 30 million which the defendant paid to the plaintiff of KRW 25 million and the remainder of KRW 30 million included in the deposit money returned by the defendant of KRW 50 million.

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