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(영문) 서울중앙지방법원 2020.10.28 2020나10410
부당이득금
Text

The plaintiff's appeal and the conjunctive claim added by this court are dismissed, respectively.

The costs of appeal and this Court.

Reasons

1. Facts of recognition;

A. On December 1, 200, the Defendant married with C, who is the Plaintiff’s birth, but, on December 18, 2014, at the Seoul Southern District Court, there was a problem such as C being convicted of the embezzlement of company funds (hereinafter “an excessive embezzlement case”), etc., the Defendant and C decided to divorce with the Seoul Family Court on March 24, 2014, and the Defendant and C have maintained de facto marital relationship with the Defendant on July 10, 2016 without filing a divorce report, and C filed a divorce report with the Gangseo-gu Seoul Metropolitan Government Office on July 14, 2016.

1. At the same time until June 30, 2018, the Defendant pays C a property division of KRW 50,000,000 to the Plaintiff, and C cancels the execution of a provisional disposition prohibiting real estate disposal by the Seoul Family Court Decision 2016 business group30909, and withdraws the application, and implements the procedure to change the name of the rental business operator of G buildings located in Si interest cities (hereinafter “instant building”).

2. Omission;

3. In light of the above division of property, the Defendant does not claim support for the principal of the case against C, unless there are special circumstances.

4. Omitted.

5. C and the Plaintiff confirmed that all active and negative properties currently held by both parties are definitely reverted to each person as their names, except as otherwise provided in the above, with respect to divorce as of March 24, 2014 and the termination of the de facto marriage relationship in this case, and they did not claim money under any pretext, such as solatium and division of property in the future.

6. The defendant is Yangcheon-gu Seoul Metropolitan Government I Apartment J (hereinafter referred to as "I Apartment"), Gangseo-gu Seoul Metropolitan Government K, and M apartment N below M apartment in L

shall not object to the future civil, criminal, or any other form of action.

Above 7.

8. Omission.

B. Accordingly, on July 26, 2016, C filed a lawsuit against the Defendant seeking consolation money, division of property, designation of a person with parental authority, and payment of child support under the Seoul Family Court Order 2016ddan32004.

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