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(영문) 전주지방법원 2014.04.25 2013가단16604
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant maintained a de facto marital relationship from May 2008 to November 201, 201, and lived together.

B. On August 4, 2008, the Defendant: (a) received a successful bid for KRW 184,347,000 from the Jeonju District Court C real estate auction and paid the price in full; and (b) completed the bid for each of the instant real estate buildings (hereinafter “each of the instant real estate”) with the 184,347,00 square meters and above-ground buildings (hereinafter “each of

9.5. Completion of the registration of ownership transfer concerning each of the instant real estates.

On the other hand, the amount equivalent to KRW 60 million out of the successful bid price is set up by the plaintiff, and KRW 56 million, respectively, and the remainder was set up by the defendant as security, and the loan was provided by the Gimcheon Agricultural Cooperative.

C. After that, the Plaintiff resided with the Defendant in each real estate of this case, and participated in rooftop waterproof and chemical construction, roof improvement construction, etc., and paid the construction cost.

On July 23, 2012, upon the Plaintiff’s request, the Defendant borrowed KRW 40 million from E as collateral each of the instant real estate and paid the Plaintiff the full amount of the borrowed money. On the same day, the Defendant was prepared with the following descriptions from the Plaintiff.

The Defendant borrowed 40 million won as collateral to each of the instant real property owned by the Defendant and delivered the money to the Plaintiff without any condition. However, in the event that the Plaintiff did not pay the money to the Plaintiff on the next day and the enforcement of legal measures such as the exercise of security rights is carried out on each of the said real property, the Plaintiff would not claim money to the Defendant under any pretext, such as division of property.

E. On November 2012, the Plaintiff agreed to resolve de facto marriage relations with the Defendant and removed from each of the above real estate.

F. On March 22, 2013, the Defendant sold each of the instant real estate to F and G KRW 285 million, and completed the registration of ownership transfer on May 10, 2013 with F and G joint names.

G. Meanwhile, the plaintiff and the defendant are in a de facto marital relationship.

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