부당이득금 청구의 소
1. The plaintiffs' appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. F and K operated an entertainment drinking house with the trade name “L” from the second floor of the 2nd floor (hereinafter “instant store”) of the 2nd floor (hereinafter “L”) of the 2nd floor (hereinafter “instant store”) of the 2nd floor of the 2nd floor (hereinafter “the 2nd floor”).
B. On April 30, 2008, Defendant C acquired 1/2 shares of the right to the instant store under the name of Defendant C, the wife, and entered into a lease agreement with the deceased, setting the lessee’s name as Defendant B (hereinafter “the instant lease agreement”). From that time, Defendant C operated an entertainment tavern in the name of “L” at the instant store.
[On the other hand, around July 10, 2008, Defendant C received some of the rights to the store of this case from Defendant B in the name of Defendant B (a separate lease deposit).
Defendant C transferred the right to the store of this case to M around February 2014, and M transferred the right to the store of this case to M in this year.
3. 1. A lease contract was concluded between the deceased and the deceased on the condition that the tenant’s name was D.
At the time of the above lease, KRW 100,000, monthly rent of KRW 3500,000 was determined as the lease deposit, and M paid KRW 100,000,000 to the deceased on the same day as the above lease deposit by two cashier’s checks (hereinafter “the instant cashier’s checks”). Defendant C received the above cashier’s checks from the deceased on the same day.
On August 19, 2019, the Plaintiffs, as the inheritor of the Deceased, took over the instant legal proceedings in this court.
[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-3, Gap evidence 4-1, 2, Gap evidence 6-1 through 3, Eul evidence 12-1, Eul evidence 2-2, Eul evidence 4 and 8, the purport of the whole pleadings
2. The assertion and judgment
A. On April 30, 2008, the summary of the plaintiffs' assertion 1 deceased entered into a lease agreement with Defendant C on the lease deposit amount of KRW 50,000,000 for the instant store in the name of Defendant C, and KRW 2,000,000 for monthly rent, and on February 1, 2010.