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1. Defendant B’s KRW 55,400,000 as well as 5% per annum from November 8, 2018 to January 29, 2019.
Reasons
1.The following facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 1 to 5, 10, and 11:
The plaintiff is the birth of the defendant B, and the defendant C was the spouse of the defendant B, and the agreement was married around July 2016.
B. The Plaintiff and Defendant B’s father D died at the end of 2012, and the inheritors completed the agreement on the division of inherited property on December 9, 2012. The Seoul Gwangjin-gu E-gu Seoul Special Metropolitan City E-building and Fho (hereinafter “instant real property”) decided to own the Plaintiff.
C. On January 7, 2013, the Plaintiff completed the registration of ownership transfer on the instant real estate.
On December 14, 2012, G and the instant real estate by proxy of D, Defendant B entered into a lease agreement with the term of KRW 50,000,000 per lease deposit, KRW 500,00 per month of rent, and KRW 500,00 per month of rent, from December 16, 2012 to December 15, 2014.
E. The lessee G is the Defendant B’s deposit account, KRW 9,00,000,00 on December 15, 2012, and KRW 730,000 on January 16, 2013;
2.16.730,000 won;
3. 10.40,000,000
4.16.530,000 won;
5.0 530,000 won;
6.17.530,000 won;
7.17.530,000 won;
8.16.530,000 won;
9. 16. 530,000 won, 530,000 won on October 16, 10, and 530,000 won on November 17, 11, and 530,000 won on December 18, 198, and 530,000 won on January 16, 201. From February 17, 2014, the Plaintiff deposited rent and management expenses into the Plaintiff’s account.
2. Determination as to the cause of action
A. According to the above facts as to Defendant B, since the instant real estate was owned by the Plaintiff through the division of inherited property, the lease deposit and rent arising from the lease of the said real estate should be reverted to the Plaintiff, barring special circumstances.
Nevertheless, the sum of the lease deposit amount of KRW 49,00,000 and the rent of KRW 6,400,000 acquired by Defendant B is unjust enrichment without any legal ground, and thus, it shall be returned to the Plaintiff.
(2) Accordingly, Defendant B entered into the instant lease agreement, the deposit, the receipt and disbursement of rent, etc., with the consent of the Plaintiff.