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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Case summary and judgment
A. The Plaintiff and C, on July 1, 2010, completed the registration of ownership transfer based on the sale from June 30, 2010 with the immediately preceding owner D as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 1, 2010, and upon C’s death on December 20, 2013, the Defendant inherited the deceased’s share in the instant real estate; the Plaintiff’s share in the instant real estate was sold by voluntary auction on November 22, 2019, by integrating the overall purport of the pleadings.
B. On June 30, 2010, the Plaintiff and the Deceased purchased the instant real estate from D on June 30, 2010 to KRW 617,00,000 (the acquisition of the obligation to pay for lease deposit) and paid KRW 517,00,000 to the Plaintiff solely in the course of acquiring each of their 1/2 shares. As such, the Defendant who succeeded to the deceased’s shares is obligated to return the amount of KRW 1/2,50,000 to the Plaintiff as unjust enrichment. 2) On February 1, 2013, the Plaintiff and the Deceased leased KRW 1,20,00 out of the instant real estate (building) to E, and around February 2, 2015, the Plaintiff solely received KRW 150,00,00 from the lessee as the deposit for lease, and the Defendant was obligated to return the amount of KRW 75,00 to the Plaintiff as unjust enrichment.
In addition, the Plaintiff spent KRW 123,983,610 out of KRW 150,00,000 as the lease deposit for KRW 123,983,610 as the operating expenses of the business chain F operated by the Plaintiff and the Deceased at the time of 2013, and the Plaintiff solely returned the lease deposit. As such, the Defendant, who inherited the deceased’s shares, is obligated to return the said F-related expenditure to the Plaintiff as unjust enrichment.
3. The Plaintiff spent the deceased’s cancer treatment expenses of KRW 20,00,000, the deceased’s insurance premium, and the taxes imposed on the deceased. The Defendant is equivalent to the above amount.