1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. The plaintiff and the defendant are South Korea, and C are the mother of the plaintiff and the defendant.

B. Around August 195, 1995, C (hereinafter “D”) entered into a house located in Nam-gu, Nam-gu, Gwangju (hereinafter “D”) with the Defendant, and at that time, KRW 50 million was appropriated as part of the sale price for the lease deposit to be refunded to the revenue who was living in the D house, and KRW 1408,000,000,000.

C. On September 4, 1996, in relation to the F apartment No. 110, 901 (hereinafter “F apartment”), Gwangju Northern-gu, the ownership transfer registration was completed in the name of C on September 4, 1996, and the F apartment was re-registered in the name of the Plaintiff on January 25, 2013.

C was adjudicated on February 5, 2013 as a sentence of quasi-Incompetency (In Incheon District Court 2012 shotdan2609), and on February 23, 2013, the said judgment was finalized.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 12 evidence (including paper numbers; hereinafter the same shall apply), Eul 32, 35, and 50 evidence, the plaintiff's assertion and determination of the purport of the whole pleadings

A. The Plaintiff’s assertion 1) The amount of KRW 50 million for the lease deposit that was returned to the revenueer who was living in the D’s house owned by the Defendant was subrogated to the sale price of Emany, which is in fact C, in the process of C’s director at D’s home. On February 21, 2011, the Defendant forced C to be admitted to a sanatorium and forced C to leave the hospital at D’s house. As such, C had the Defendant move out of D’s house, it is the Defendant’s claim for indemnity amounting to KRW 50 million (hereinafter “instant claim for indemnity”).

In addition, since the defendant uses and benefits from the F apartment, which is C-owned from September 4, 1996, C is the sum of the rent for the F apartment (=48 million won per annum 4.8 million won per annum x 10 years) and C is the claim for return of unjust enrichment (hereinafter “the claim for return of unjust enrichment in this case”) equivalent to the sum of rent for the F apartment.

Accordingly, on January 25, 2013, C transferred the claim for reimbursement and the claim for return of unjust enrichment to the Plaintiff, and notified the Defendant of the transfer on May 13, 2013.