beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D has four children, including the Plaintiff, Defendant B, F, and G, between husband and the deceased E (hereinafter “the deceased”).
Defendant C is a child of Defendant B.
B. On July 3, 2013, D, the Plaintiff, and F donated 2/4, 1/4, 1/4, 1/4, and 1/4 shares of each of the three-story stores and offices owned by the Deceased (hereinafter “instant building”) from Yongsan-gu Seoul, Yongsan-gu, Seoul, which were owned by the Deceased, in proportion to their shares, and completed the registration of ownership transfer for each share on July 24, 2013.
C. On the other hand, on May 24, 2013, the establishment registration of the instant building was completed on the part of the debtor, the deceased, I Co., Ltd., the maximum debt amount of KRW 720 million (the secured debt amount of KRW 600 million).
Since then, on December 30, 2015, J completed the registration of creation of a neighboring mortgage of KRW 180,000 ( KRW 150,000,000 for secured debt) with respect to the instant building on December 30, 2015, and on June 28, 2017, the registration of creation of a neighboring mortgage of KRW 120,000,000 for the debtor D and the maximum debt amount ( KRW 100,000 for secured debt).
(hereinafter referred to as “J loan”) loans granted by the J as security for each of the above-mentioned collateral security rights.
With respect to the instant building, the Plaintiff or D as the lessor entered into each of the instant lease agreements with six lessees (hereinafter “each of the instant lease agreements”). The aggregate of the lease deposit is KRW 195 million.
F. On July 8, 2018, when selling the instant building to K and L for KRW 3.9 billion, D and the Plaintiff agreed to acquire a total of KRW 850 million and a total of KRW 1950 million and a total of KRW 195 million and the obligation to refund deposit for lease on the said building.
(g) The Plaintiff: (a) obtained the unjust enrichment of the amount of money corresponding to each of the Plaintiff’s respective shares out of the deposit and rent under each of the instant lease agreements, and the J loans from the High Government District Court Decision 2019Kahap72079 against D.