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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C, from D on April 13, 2013, as of April 13, 2013, leased E Apartment 115 Dong 902 as security deposit of KRW 110 million and the period from July 6, 2013 to July 5, 2015, and died on October 23, 2013 while he was living together with the Defendant in a de facto marital relationship.
B. On November 11, 2013, the Defendant returned KRW 110 million to D, and attempted to return KRW 60 million to the Plaintiff, the sole heir as C’s father, who was the sole heir, but did not contact with the Plaintiff, but paid it to C or the Plaintiff’s senior mother F on November 25, 2013, thereby having the Plaintiff keep it in custody.
[Reasons for Recognition] Facts without dispute, Eul's statements, Eul's Evidence Nos. 1, 3, 4, Eul's Evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. Where the heir does not live a family community life in the house at the time of the death of the tenant alleged by the plaintiff under Article 9 (2) of the Housing Lease Protection Act, the heir shall succeed to the rights and duties of the tenant jointly with the person in de facto marital relationship with the person in the second degree or closer relationship.
Pursuant to C’s heir, the Plaintiff jointly succeeded to C’s claim for the refund of the lease deposit, which is equivalent to KRW 55 million against D, and the Defendant received the claim instead of the Plaintiff, thereby gaining profit equivalent to KRW 55 million and incurring loss to the Plaintiff. Accordingly, the Plaintiff is obligated to pay the above KRW 5 million and delay damages due to the return of unjust enrichment.
3. According to Article 9(2) of the Housing Lease Protection Act, the remaining KRW 50 million, excluding the Defendant’s share of KRW 55 million, out of KRW 110 million received from D, should be borne by the Plaintiff. However, the Defendant paid KRW 60 million to the Defendant and the Defendant’s senior mother, who did not contact the Plaintiff, on November 25, 2013, and paid KRW 30 million exceeding the above amount to the Plaintiff.