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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for the payment of an agreed amount, unlawful gains, etc. related to the building on the JJ 225.8 square meters and the six-story above ground (hereinafter collectively referred to as the “instant real estate”), ② claim for unjust enrichment related to the building on the Land 95.9 square meters in Jinju-si and the three-story above ground, ③ claim for the payment of custody money related to the deceased’s M bank account (Account Number: N.; hereinafter referred to as the “instant account”), and the first instance court dismissed all the above claims of the Plaintiff.
Therefore, among the judgment of the court of first instance, the part rejecting the above claim for unjust enrichment among the judgment of the court of first instance and the part rejecting the above claim. Thus, the judgment of this court is limited to the plaintiff's claim for unjust enrichment among the above claims and the above part
2. Basic facts
A. The relevant network E (the deceased on July 3, 2018, hereinafter “the deceased”) of the parties, as the only child of the Plaintiff, married with G on May 19, 1980, with H and I as H and I’s children, and combined consultation with G on October 18, 2007.
After October 13, 2010, the Deceased re-born with the Defendant.
B. 1) On April 1, 1986, the Plaintiff and the Deceased as co-owned share holders on the instant real estate, and the registration of ownership transfer was completed on the grounds of sale as of March 31, 1986. 2) The Deceased sold the instant real estate to K on November 17, 2016. The Deceased received full payment of KRW 750,000,000 from K, and completed the registration of ownership transfer on the instant real estate to K on December 2, 2016.
C. From the deposit withdrawal account in the deceased’s name, KRW 10 million was deposited on September 12, 2017, KRW 100 million on October 10, 2017, and KRW 300 million on October 23, 2017.
The Deceased, such as the Deceased’s Death, was administered by a judgment of Madam around 2008, and died on July 3, 2018, and the Defendant, who is the legal spouse at the time of the death, was the spouse.