1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

1. Basic facts

A. On November 5, 1994, the Defendant (1939 residents) newly built a multi-household house with 1st underground and 4nd underground floors in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”) on the 166.6m2, and completed the registration of the preservation of ownership on the 8th anniversary of the partitioned building on November 5, 1994 (the parking lot and 1st, 1, 2, and 3th of each house on the underground and 2nd of each house and 4th of each house).

B. The Defendant had two children between wife D, and the Defendant completed the registration of transfer of ownership on the ground of donation on October 12, 2006, with respect to the third floor F and G of the instant building to E, South Korea, on October 19, 2006, as to the second floor H and I of the instant building (hereinafter “instant housing”) to the Plaintiff, South Korea, as the second floor H and I of the instant building (hereinafter “the instant housing”).

C. The Defendant, while living on the fourth floor of the instant building D and the instant building, completed the registration of ownership transfer to its children, received rent from its lessees by leasing the remaining seven debentures of the instant building to the present date.

[Grounds for recognition: Evidence Nos. 1, 2, 6, Evidence No. 5-1 through 6, evidence No. 6-1, 2, and 3, respectively, and the purport of the whole pleadings]

2. The assertion and judgment (the main lawsuit and counterclaim shall be judged at a time);

A. The Plaintiff’s assertion that the instant house was donated by the Defendant as stated in the registry, and the Defendant leased the instant house to the lessee without any right to use so far, and acquired the rent from the lessee. As such, the Defendant’s error in the Plaintiff’s assertion that, from December 29, 2007, the date when the application for amendment of the purport of the claim was submitted on August 22, 2018, the date when the application for amendment of the purport of the claim was submitted, is August 22, 2018.

There is a duty to return 118,075,00 won, which is the amount equivalent to the ten-year rent, to the unjust enrichment.

B. The instant house alleged by the Defendant is a title trust made by the Defendant to the Plaintiff for the purpose of increasing the property arising from the redevelopment of one unit, or the Defendant is entitled to use and benefit therefrom.