The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.

The defendant.

1. In the first instance court, the Plaintiff sought against the Defendant for unjust enrichment equivalent to the transfer of real estate, rent, and damages. The court of first instance accepted the claim for the transfer of real estate and the claim for unjust enrichment equivalent to rent, and dismissed the claim for damages.

In this regard, the plaintiff appealed against the part of the claim to dismiss the damages, which is subject to the adjudication of this court, is limited to the claim to be dismissed as above (However, the plaintiff exchangedly changed the claim to seek unjust enrichment by this court). 2. Basic facts

A. The Plaintiff is the only heir of the deceased as a deceased C’s father (hereinafter “the deceased”).

B. From the middle half of 2011, the Defendant was living together with the deceased and maintained a de facto marital relationship.

C. Around 2016, the Deceased was killed on October 23, 2017 when he was diagnosed with Madoam and was killed.

Between October 20, 2017 and October 24, 2017, the Defendant withdrawn KRW 79,540,000 as indicated in the following table (hereinafter “instant table”) from the deposit account in the name of the Deceased.

(1) The account transfer of KRW 79,540,000 from October 21, 2017 to the Defendant’s account transfer of KRW 30,000,000 on October 21, 2017, the amount of gold as of October 20, 2017, the account transfer of KRW 30,000 to the Defendant’s account with the account transfer of KRW 34,10,000 on October 24, 2017 to the Defendant’s account transfer of KRW 34,10,000 on October 24, 2017.

E. The death of the deceased led to KRW 27,000,000,000 in total, and the Defendant went to the entirety.

【Unsatisfied Facts, Gap evidence Nos. 1, 2, 3, 4, Eul evidence No. 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

3. Summary of the plaintiff's assertion

A. From October 14, 2017, the Defendant, as indicated in the instant table, voluntarily withdrawn KRW 79,540,000 from the deceased’s account under the name of the deceased, who was in a mixed status due to cancer.

3.2