1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. B was sentenced to the sentence of 10 years imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) at the High Court for Armed Forces on February 23, 1999 and KRW 1,020,000. The above judgment was finalized on May 14, 199, and the unpaid amount of the surcharge as of November 14, 2017 is KRW 1,012,495,430.

B. B purchased in 140,000,000, not only 140,000,000, not more than October 25, 1996, and completed the registration of ownership transfer on November 21, 1996, B sold C apartment to I on October 25, 1998, and completed the registration of ownership transfer to I on November 26, 1998.

C. On November 25, 1998, the Defendant, the spouse of B, leased C Apartments with the term of 60,000,000 won and 2 years of lease. D.

On October 16, 200, the Defendant leased the leased deposit amount of KRW 72,00,000, and the lease period of KRW 3 years from J on October 16, 200.

E. On December 16, 2002, the Defendant leased the Dongjak-gu Seoul Metropolitan Government E Apartment F (hereinafter “E apartment”)’s KRW 120,000,000 as lease deposit. On December 1, 2005, the Defendant purchased E apartment from L for KRW 164,00,000 and completed the registration of ownership transfer on the same day, and sold E apartment for KRW 428,00,000 to M on March 2, 2017.

On the other hand, E apartment was cancelled on July 4, 2008 when the right to collateral security was created on the part of N Co., Ltd., the debtor B, the maximum debt amount of 24,000,000.

F. On November 5, 2016, the Defendant purchased the third floor H heading of the Yangcheon-gu Seoul Metropolitan Government G Building (hereinafter “G real estate”) from theO for KRW 160,000,000, and completed the registration of ownership transfer on April 4, 2017.

G. On December 5, 2017, the prosecutor of the Seoul Dong District Prosecutors’ Office held that B had a claim against the Defendant for return of unjust enrichment of KRW 166,40,000 against the Defendant, and seized the claim for return of unjust enrichment. Around that time, the prosecutor notified the Defendant of this.

[Ground of recognition] dispute.