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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 14, 2006, the Defendant married with C and the Seoul Northern District Court on March 21, 2012, filed an application for divorce by agreement. On April 5, 2012, the Defendant confirmed the intention of divorce by agreement, and completed the divorce report on the 15th day of the same month.
B. On February 3, 2007, the Plaintiff leased a lease deposit with the Seoul Dongdaemun-gu Seoul Metropolitan Government 1st floor store (hereinafter “instant store”) owned by the Plaintiff at KRW 30 million, monthly rent of KRW 1700,000 (excluding value-added tax), and the lease period of KRW 24 months, and operated the said store with the inside point.
C. Although the above lease was renewed continuously, C did not pay monthly rent several times, the Plaintiff sent to C a certificate of the purport that C would pay the said rent in arrears with the deduction of the above lease deposit on April 7, 2012 and deliver the instant store by paying the said rent in arrears.
On May 2, 2013, C agreed to deliver the instant store to the Plaintiff by July 1, 2013, and pay 10 million won in arrears after deducting the said lease deposit.
E. However, C did not comply with the above arrangement, the Defendant filed a lawsuit against C with Seoul Northern District Court 2013Kadan26163, which sought delivery of the building and payment of the amount agreed upon. On September 9, 2013, the above court rendered a judgment that C delivered the instant store to the Plaintiff and paid unjust enrichment calculated by the ratio of KRW 10 million to KRW 1870,000 per month from July 2, 2013 to the delivery date of the said store, and the above judgment became final and conclusive around that time.
F. Meanwhile, on October 20, 2007, C purchased F apartment 109, 1703, and 378,000,000, and completed the registration of ownership transfer on December 18, 2007, respectively. On March 22, 2012, C’s gift as to C’s share of 1/2 of the instant apartment (hereinafter “the instant donation”). The registration of ownership transfer is made in the future of the Defendant, on the ground of the donation of C’s share of 1/2 of the instant apartment (hereinafter “instant donation”).