1. Of the instant lawsuit, the Plaintiff’s KRW 213,00,000 against the Defendant and KRW 40,000 among them, from February 15, 2007.

1. Basic facts

A. The defendant is the first husband and wife of the plaintiff.

B. On October 27, 2014, the Defendant entered into a sales contract for selling the Plaintiff-owned title E, 301 (hereinafter “instant real estate”) (hereinafter “instant sales contract”) with D, and at the same time, entered himself in the sales contract as the Plaintiff’s agent.

Then, the Defendant received total of KRW 83,000,000 from D as the purchase price until November 30, 2014.

C. On May 22, 2015 due to the symptoms of dementia, the Plaintiff was determined to appoint B as an adult guardian on May 22, 2015.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The plaintiff's assertion

A. Although the instant real estate was owned by the Plaintiff, the Defendant sold the instant real estate owned by the Plaintiff, a dementia patient, to D and received KRW 83 million from the Plaintiff, and thus, it is not returned to the Plaintiff. Thus, the Defendant is obligated to return the purchase price received by the Defendant to the Plaintiff as unjust enrichment.

B. The Plaintiff owned G land and buildings in Gwangju City under the name of the Defendant’s husband and the Defendant’s husband and the Plaintiff, F.

However, the above land and buildings were sold, and the total amount of KRW 200 million was deposited in the Plaintiff’s account under the name of H, H, and I, which is the F’s model. However, on February 14, 2007, the above KRW 40 million was transferred to the Defendant’s account on February 14, 2007, and the remaining KRW 170 million was deposited in the Plaintiff’s name, and the remaining amount was KRW 160 million (20 million - 40 million), or the Plaintiff entered the application for change of the claim and cause of the claim in this case as KRW 170 million.

On November 7, 2008, when the sum of the principal and interest of the said periodical installment was deposited in the Plaintiff’s account in the amount of KRW 173 million, the Defendant withdrawn the said amount at a face value of KRW 173 million.

Therefore, the defendant 20 million won against the plaintiff.