부당이득금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. Of the litigation costs, 50% is the Plaintiff, and the remainder is the remainder.
1. The following facts are found either in dispute between the parties or in combination with the overall purport of the pleadings on the images of Gap evidence Nos. 1, 3 through 9, 17, and 23, and on the video of Gap evidence No. 10:
A. The original Defendant is a simple and simple real estate with C’s children, and each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is a real estate jointly owned by the Defendant and C in proportion to one-half shares.
B. The Plaintiff, from March 2018 to September 2018, borne a total of KRW 75,959,090, which was conducted on the instant real estate, including the construction cost for remodeling conducted between March 201 and September 2018.
2. The assertion and judgment
A. (1) On February 5, 2018, the Plaintiff’s assertion that the Plaintiff is liable to compensate the Plaintiff for the construction cost of remodeling of the instant real estate on condition that the Defendant and the mother, who had succeeded to a convalescent hospital located in Ulsan at the time, reside in the instant real estate, and that D, who is his father and wife, gather C (hereinafter “instant conditional agreement”).
(2) The Plaintiff’s conditional agreement is concluded on October 9, 2018. However, the Defendant’s conditional agreement is insufficient to deem that the instant conditional agreement was concluded between the Defendant solely based on the evidence submitted by the Plaintiff, including the following: (a) the Plaintiff’s duty to return KRW 75,959,090, total construction cost paid by the Plaintiff for remodeling the instant real estate, as the Plaintiff resided in the instant real estate after forced hospitalization C to the E Care Center on October 9, 2018; and (b) the Defendant failed to comply with the aforementioned terms and conditions. Therefore, the Defendant is obliged to return KRW 75,959,090, which was paid by the Plaintiff to the Plaintiff for remodeling the instant real estate.
According to the above evidence, the plaintiff seems to have performed remodeling work on the real estate of this case by voluntarily bearing the expenses in pure mind that the mother of dementia wishes to easily gather during his life.