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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. 1) The Plaintiff is the deceased C (hereinafter “the deceased”).
A) The deceased entered into a title trust agreement with the Defendant around April 7, 2005, and around May 29, 2009, the deceased’s inheritance property qualified acceptance was the sole heir, and the Defendant maintained a de facto marital relationship with the deceased from around 2005. (2) The deceased’s claim for reimbursement against the Defendant is as follows.) The deceased entered into a title trust agreement with the Defendant, and around May 29, 2009, the Busan J apartment E (hereinafter “instant real estate”).
(B) The Deceased purchased apartment F (hereinafter “instant F Real Estate”) at KRW 262,350,000 after disposing of the instant real estate in KRW 173,00,000 after completing the registration of ownership transfer under the name of the Defendant. Of the instant real estate F, the Deceased purchased the instant apartment F (hereinafter “instant real estate”) at KRW 262,350,000, respectively. Of the instant real estate F, the ownership transfer registration under the name of the Deceased and the Defendant was completed for each one-half portion of the instant real estate.
C) Ultimately, the Defendant should have borne KRW 131,175,00 (262,350,000 x 1/2) in order to acquire shares among the instant F real estate x 69,000 (173,000 - 104,000 - 104,000) which is the profit from the sale of the instant real estate. As such, the Defendant has a duty to return to the Deceased KRW 62,175,00 (131,175,000 - 69,000) (131,175,000 - 69,000,000) to the Defendant of the Deceased’s real estate : The Defendant has managed the deceased’s property as a person living together with the deceased’s family bank from September 2017, where the Deceased died during the operation of the zone.
By date, the cash withdrawal of KRW 5,001,200 on September 20, 201, the amount of KRW 6,001,200 on October 24, 2017, 201, KRW 6,001,00 on October 24, 2017, KRW 6,000 on October 6, 201, KRW 200 on October 30, 2017, and transfers the amount to H in cash, and then transfer the amount to H. on October 30, 207.