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(영문) 광주지방법원 2018.11.02 2018나55110
약정금
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On May 12, 2007, the Defendant purchased Seo-gu, Seo-gu, Gwangju (hereinafter “instant apartment”) for KRW 47 million, and completed the registration of ownership transfer on May 30, 2007.

B. On June 17, 2007, the Plaintiff and the Defendant entered a marriage, and maintained a de facto marriage relationship while residing in the instant apartment from around that time, and the Plaintiff removed from the instant apartment upon liquidation of a de facto marriage relationship around January 2009.

C. On September 29, 2011, the Defendant sold the instant apartment at KRW 62 million, and completed the registration of ownership transfer to a buyer on November 29, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant: (a) received support from the Plaintiff’s mother, out of KRW 47 million for the purchase price of the instant apartment; and (b) received the remainder of KRW 27 million from the bank as security, and provided the instant apartment.

The Plaintiff, while settling a de facto marital relationship, moved out from the apartment of this case and resided in the apartment of this case by the Defendant, and if the Defendant subsequently sold the apartment of this case, he agreed with the Defendant by dividing the remaining sales amount into 1/2 after repaying the loan secured by the apartment of this case.

Since the defendant sold the apartment of this case at KRW 62 million, the defendant is obligated to pay to the plaintiff the amount of KRW 35 million remaining after paying the above loans at KRW 27 million, and the damages for delay calculated at each rate of KRW 15% per annum under the Civil Act from November 30, 201 to the delivery date of a copy of the complaint of this case from November 30, 201, the following day after transferring the ownership of the apartment of this case, and from the next day to the day of full payment, 5% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Plaintiff claiming a return of unjust enrichment is KRW 20 million from her mother.

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