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(영문) 제주지방법원 2020.12.10 2019가합11643
사실혼파기에 따른 원상회복
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual rate of KRW 15% from August 22, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On May 1, 2016, the Plaintiff and the Defendant’s de facto marriage relationship 1) was separated from his spouse and then the Plaintiff was aware of the Defendant through the introduction of D, which is a branch in Jeju City, and around October 2016. 2) The Plaintiff, in return for maintaining a de facto marital relationship, set one apartment bond to the Defendant at the death cycle, and began living with the Defendant from November 1, 2016 at the above residence. The Defendant completed the move-in report as a person living with the Plaintiff at the Plaintiff’s domicile on the Plaintiff’s resident registration on February 1, 2017.

B. (1) On October 31, 2016, the Plaintiff paid KRW 3,000,000 to the Defendant by means of remitting the account under the pretext of money transfer to D. (2) From November 2, 2016 to November 23, 2016, the Plaintiff paid KRW 85,000,000 (10,000,000,000 paid by means of money transfer to the Defendant by means of account transfer on November 2, 2016) (3,00,000,000,000,000 in cash around that time, paid to the Defendant by means of money transfer on November 23, 2016, and on November 23, 2016, the Plaintiff received the Plaintiff’s obligation to repay the loan from the Defendant for five years from the Plaintiff and the Defendant without any interest on KRW 80,005,00,000 from the Plaintiff’s living together.

3) On December 22, 2016, the Plaintiff paid 216,30,000 won to the Defendant (215,000,000 won for apartment purchase) by means of remittance to the account. Accordingly, the amount that the Plaintiff paid to the Defendant as the purchase fund was KRW 300,000 (85,000,000 as stated in the loan certificate as of November 23, 2016, and KRW 215,00,000,000 as paid on December 22, 2016). C. The Plaintiff and the Defendant, who prepared a de facto marriage contract, continued living together with the Plaintiff, have maintained de facto marital relations (hereinafter “instant contract”).

Party A (Plaintiff) entered into a contract to maintain a de facto marital relationship.

hereinafter the same shall apply.

)and B (the defendant).

hereinafter the same shall apply.

Since November 1, 2016, it is in de facto marital relationship.

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