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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. At the time when the Plaintiff’s husband C establishes D Co., Ltd. (hereinafter “D”) around June 11, 2014, the Plaintiff’s assertion made a deposit of KRW 30,000,000 to the Defendant’s account, a title trustee, on June 10, 2014, with the Plaintiff’s husband E as the actual right holder.
The defendant, as a title trustee, was in custody of D's 6,00 shares with D's 6,00 shares, sold the shares to G on September 19, 2015.
In this regard, even though the defendant paid the above shares to the plaintiff when he received the above shares purchase price, and did not return the above shares to the plaintiff, he did not return the shares up to now. Therefore, he sought to return the amount of KRW 30,000,000 as unjust enrichment to the plaintiff.
2. In light of the evidence presented by the Defendant, it is not sufficient to recognize that the Defendant agreed to return the above shares to the Plaintiff, or the Plaintiff, in light of the following: (a) the Plaintiff’s title trustee or the Defendant’s agreement to return the said shares, including the records of account transaction, account transaction details, stock sales contract, recording, etc.; and (b) the Plaintiff’s assertion is not accepted, there is no objective evidence to acknowledge
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.