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

On June 20, 201, the network C decided to lease the lease deposit amount of KRW 200 million (hereinafter referred to as the “lease deposit”, and the term of the lease from July 19, 201 to August 18, 2013 (hereinafter referred to as the “after the agreement to extend the period from October 18, 2015), and paid KRW 200 million to D around that time.

The plaintiff and the deceased C were in de facto marital relationship from February 2009, and around August 14, 201, they were moving into the apartment of this case.

The de facto marital relationship between the Plaintiff and the deceased C was no longer recovered at the end of April 2015 or around May 2015 and actually terminated.

The net C died on June 7, 2015, and there was a defendant, F, and G as his heir.

[Ground of recognition] The plaintiff's assertion of the purport of Gap's 1 through 14 (including each number of partial heading) and the purport of the whole pleading, and the plaintiff's assertion of judgment made a family community life in the apartment of this case together with the net C in a de facto marital relation.

Therefore, pursuant to Article 9 (2) of the Housing Lease Protection Act, the defendant, F, and G, who are relatives within the second degree of relationship between the plaintiff and the deceased C, jointly succeeded to the rights and obligations as a tenant, and jointly acquires the right to return the lease deposit of this case.

Nevertheless, since the Defendant received all KRW 200 million from D, the Defendant is obligated to return to the Plaintiff KRW 50 million (=200 million x 1/4) as unjust enrichment.

Judgment

Article 9(2) of the Housing Lease Protection Act provides that "If the heir at the time of the death of the tenant does not live a family community life in the house, the heir shall jointly succeed to the tenant's rights and duties in a de facto marital relationship with the person who was actually married within the second degree of relationship in the house, and the relative shall succeed to the tenant's rights and duties."