1. The plaintiff's claim is dismissed.

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

Facts of recognition

After the report of marriage between the plaintiff and C, the plaintiff and the husband have been living as the husband and wife, and the agreement has been married around October 2015.

The defendant has been in a relationship with C for more than 10 years.

On April 18, 2012, the Defendant completed the registration of ownership transfer based on sale on March 22, 2012, 2012 with respect to the pertinent land and building (hereinafter collectively referred to as “instant real estate”).

[Ground of recognition] The Plaintiff’s assertion that there was no dispute, Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings was to pay to the Plaintiff and his children approximately KRW 630 million of the sales price of real estate owned at the time of property division and support for their children around November 201.

Accordingly, on November 18, 201, the account number of the Plaintiff and their children in the name of the Plaintiff E Union:

F. hereinafter referred to as “instant account”

(1) A bank opened and received the said money.

However, C paid or transferred money from the instant account to the Plaintiff or his/her children without permission, and from March 22, 2012 to April 2012, 201, C deposited KRW 168,038,200 in total from the instant account without authority and used it as the acquisition price of the instant real estate.

The Defendant acquired the instant real property at KRW 168,038,200, the money owned by the Plaintiff, even though he was well aware of the fact that C withdraws or transfers money from the instant account without authority.

Therefore, the Defendant, without any legal ground, obtained profit equivalent to the above KRW 168,038,200 and incurred damages equivalent to the same amount to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff 168,038,200 as unjust enrichment and damages for delay.

Judgment

The plaintiff's assertion that the defendant obtained the above 168,038,200 won without any legal ground is not proven.

The Plaintiff is the money owned by the Plaintiff and has the right to manage and dispose of the instant account only to the Plaintiff.