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(영문) 인천지방법원 2016.06.30 2016가단11010
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Before the birth of the deceased D (hereinafter “the deceased”), the Plaintiff filed a claim for the division of property against the deceased for the division of property of KRW 40 million with the division of property following the resolution of de facto marital relations by this court. The said court’s compulsory adjustment decision on November 26, 2014 (hereinafter “instant compulsory adjustment decision”) was finalized as it did not object to both the Plaintiff and the deceased.

B. Major decisions of the instant compulsory adjustment are as follows.

1. Ascertainment that de facto marital relations between the Plaintiff and the Deceased have ceased to exist.

2.(a)

The Deceased received KRW 65 million from the Plaintiff by January 30, 2015 as a division of property, and simultaneously implemented the registration procedure for transfer of ownership based on the property division of the fixed date of the instant decision on Jung-gu, Incheon (hereinafter “instant apartment”) with respect to the Plaintiff’s E and 201 (hereinafter “instant apartment”).

B. As a result of the division of property on January 30, 2015, the Plaintiff appears to be a clerical error in the phrase “ January 30, 2014” as “ January 30, 2015.”

In addition, the documents necessary for the registration of transfer of ownership on the apartment of this case shall be delivered from the deceased, and at the same time 65 million won shall be paid to the deceased.

C. The Plaintiff renounces the claim for the return of the lease deposit against the deceased (if the lessee F in the day asserts the claim for the lease deposit against the other party, the Plaintiff shall compensate the deceased for all damages incurred therefrom), and the Deceased shall waive the unpaid monthly rent claim by January 30, 2015 against the Plaintiff and F.

If the Plaintiff failed to perform his/her duty to pay the said money by January 30, 2015, despite having received the Plaintiff’s performance of the obligation to register the transfer of ownership on the instant apartment, the agreement on the division of property becomes null and void, and the Plaintiff, without delay, orders the deceased to guide the instant apartment to the deceased (if the lessee F refuses to do so, the claimant shall compensate the other party for all damages incurred thereby).

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