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(영문) 울산지방법원 2018.01.24 2017가합22182
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 25,300,000 with full payment from June 11, 2016.

Reasons

1. Basic facts

A. The defendant is a person who was in a de facto marital relationship with the plaintiff's big words C.

B. In around 2004, the Plaintiff entered into a title trust agreement with C, and attempted to purchase D apartment 7 and 209 (hereinafter “D apartment”) in the name of C. The Plaintiff completed the registration of ownership transfer of D apartment under the name of the Defendant, who was in a de facto marital relationship with C.

C. As D apartment rebuilding, D apartment occupants are entitled to enter into a sales contract of F apartment located outside Ulsan-gu E and one parcel, the Plaintiff entered into a sales contract of F apartment in the name of the Defendant, which is the occupant of D apartment, on May 3, 2005.

The defendant obtained a loan with interest-free loan of KRW 25,300,000 as moving expenses from the time of conclusion of the above sales contract as the D apartment registered under his own name becomes the subject of reconstruction.

E. On December 17, 2008, the Plaintiff fully borne the purchase fund of the D apartment and the funds necessary for the sale of the above F apartment, and completed the registration of ownership preservation on the F apartment No. 102, 601 (hereinafter “instant apartment”) under the name of the Defendant.

F. Meanwhile, on June 16, 2008, the Plaintiff prepared a letter of commitment with the following contents (hereinafter “instant letter of commitment”) from the Defendant, on the ground that, if the Defendant’s de facto marital relationship with C and the Defendant’s de facto marital relationship has ceased to exist in the future, it would be difficult for the Plaintiff to exercise the Plaintiff’s right to the instant apartment that completed registration under the name of the Defendant.

The name of the plaintiff is immediately transferred to the plaintiff when the document of the F apartment E-1 complex in Nam-gu, Ulsan-gu, Seoul, 102 Dong 601, where the letter of undertaking is located.

The balance shall be received.

G. The Plaintiff did not complete the registration of ownership transfer of the instant apartment despite the Defendant’s written undertaking, and the Plaintiff did not complete the registration of ownership transfer of the instant apartment on December 29, 2015 against the Defendant on June 16, 2008.

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