부당이득금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2...
1. Basic facts
A. On September 8, 2011, the Plaintiff lived with the Deceased for about ten (10) years until he/she died of the deceased’s body rock, and the Defendants were the deceased’s children and the heir, respectively.
B. Around July 2008, the Plaintiff disposed of a restaurant with the deceased, and operated the restaurant in the name of “L” in the name of “L” on July 1, 2008, under which I leased a 579mm2 and its ground and 19m2 (hereinafter “each of the instant real estate”) from the G-gun, Daegu-gun, Daegu-gun, and the building and its ground, and the said K’s 19m2 (hereinafter “L”).
C. As above, it is defective that I sold each of the instant real estate to another while operating a restaurant, and the deceased prepared a sales contract with I on April 2, 2009 with the content that I purchases each of the instant real estate in KRW 157,000,000, and completed the registration of ownership transfer in the name of the deceased.
(hereinafter referred to as “the trade of this case”). 【No dispute exists, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion that each of the instant real estate was purchased from the Plaintiff, and KRW 20 million was paid by the Plaintiff while entering into a lease agreement on each of the instant real estate in lieu of the purchase price. The cash amounting to KRW 10 million paid as the purchase price is money collected by the Plaintiff while running a restaurant.
In addition, the Deceased paid on behalf of the Plaintiff KRW 60 million out of the total amount of KRW 70 million that was loaned for the instant purchase price.
Therefore, the Deceased shall pay to the Plaintiff the amount of KRW 90 million (=20 million) with unjust enrichment. The Defendants, who inherited the Deceased’s obligations with one-fifth each, shall return each of the above 18 million to the Plaintiff (=60 million won x 1/5).
B. The Plaintiff, who filed a claim for return of unjust enrichment equivalent to the deposit for lease 1, operated a restaurant with the trade name of “L” by leasing each of the instant real estate from I on July 208.