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(영문) 대전지방법원 2016.11.29 2015가단222774
부당이득금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff had a de facto marital relationship beginning with the Defendant around January 2010 and ending with his living together until August 2015.

[Ground of recognition] A without dispute, entry of Gap evidence 10, purport of whole pleadings

2. The plaintiff's assertion

A. The Plaintiff and the Defendant living together from January 2010. The Plaintiff and the Defendant donated KRW 150,000,000 to the Defendant under the following conditions (hereinafter “instant conditions”) on the condition that “the Defendant living together with the Plaintiff before the Plaintiff’s death.”

However, the Defendant did not comply with the instant condition and abused the Plaintiff.

The method of temporary amount of the sequence 10,000,000, which was donated as a deposit for 40,000,000 lease around February 2, 201, the Plaintiff transferred to the Defendant’s children on January 15, 2012, 200 (the same as the above) 4,000,000 on September 10, 201, 50, which was deposited by the Plaintiff into the account in the name of the Defendant on September 29, 201, 66, 200,000 (the same as above) on September 29, 2011, 200,000 that was deposited by the Plaintiff with the account in the name of the Defendant.

B. Accordingly, the Plaintiff, upon the delivery of the duplicate of the complaint of this case, cancelled each of the above gift agreements and sought refund of the above KRW 150,000,000 to the Defendant for restitution accordingly, and the delay damages therefrom.

3. Determination

A. 1) The fact that the Plaintiff donated KRW 40,00,000 to the Defendant around February 17, 2010 of the instant Table that the Plaintiff donated KRW 40,000,00 to the Defendant is not a dispute between the parties. 2) In full view of the purport of the entire pleadings, the Plaintiff remitted KRW 15,00,000 to the Defendant’s spouse D’s spouse D account on January 3, 2012; the Plaintiff remitted KRW 25,000,000 to the Defendant’s spouse C bank account on January 17, 2012; and it is recognized that the Plaintiff remitted KRW 40,000 to the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s basic bank account on the basis of the foregoing facts, including the following facts:

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