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(영문) 서울고등법원 2016.08.26 2015나2018075
대위변제금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant were in a de facto marital relationship from around 1997 to August 2008, and became the de facto marital relationship around November 201.

From January 4, 2001 to October 6, 2008, the sum of money transferred from the bank account under the name of the defendant to the bank account under the name of the plaintiff is KRW 441,030,720.

From June 12, 1999 to November 20, 201, the sum of money deposited by the Plaintiff to a bank account under the name of the Defendant is KRW 1,380,678,816.

B. On April 7, 2003, the Defendant purchased from D 210,000,000,000 square meters of forest land 47,000 square meters (hereinafter “C land”) in Pyeongtaek-gun, Gyeonggi-do. The Defendant completed the registration of ownership transfer on land C on April 8, 2003.

C On April 8, 2003, the Plaintiff paid KRW 90 million to D on April 8, 2003, and the Defendant paid KRW 120 million.

On June 15, 2009, the Plaintiff and the Defendant entered into a contract for civil engineering works that make G and C land into a former housing complex.

C With respect to land, up to April 3, 2008, KRW 720,00,00 for registration of certified judicial scrivener, surveying expenses, KRW 1,317,80,00 for current status survey expenses, KRW 248,500,00 for boundary surveying expenses, KRW 1,50,000 for permit insurance premium, KRW 668,250,000 for permit extension expenses, KRW 150,000 for permit extension expenses, KRW 285,303 for secondary permit extension expenses, KRW 3.5 million for renewed permit expenses, KRW 1,99,000 for renewed permit expenses, KRW 376,20,00 for land survey expenses, KRW 1,377,70,70 for property tax payment, KRW 127,393,753 for civil engineering works.

The Plaintiff and the Defendant shared 1/2 of KRW 63,696,876.

(No. 15) Ultimately, C’s purchase price and development expenditure amount are Plaintiff 153,696,876 (90,000,000 won) (63,696,876) and Defendant 186,696,876 (=120,000,000 won)

(1) The Plaintiff asserted that the Plaintiff invested 63,696,876 won in addition to C’s land development cost. However, in light of the Plaintiff’s evidence No. 15, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, the above assertion is rejected).

The defendant shall be from May 31, 2002 to June 2, 2004.

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