A. On February 2015, Defendant B entered into a lease agreement with the Korea Land and Housing Corporation and the Suwon-gu F apartment G (hereinafter “instant apartment”) at Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant apartment”), setting the lease deposit as KRW 89,080,00 (the amount increased to KRW 93,44,000 on February 12, 2016), monthly rent as KRW 472,720.

B. On April 11, 2015, the Plaintiff concluded a real estate sales contract with Defendant C, who runs a certified brokerage business with the name of “H”, for the apartment of this case, with the purchase price of KRW 160,080,00, and the seller as Defendant B and the buyer as the Plaintiff.

[The title of the contract entered into by the Plaintiff is a real estate sales contract (No. 3-1 of the evidence A), but the substantial content thereof is agreed to complete the registration of ownership transfer if the apartment of this case is converted to sale in lots to Defendant B while the Plaintiff residing in the apartment of this case after acquiring a right of lease and taking over the right of lease, and the apartment of this case is converted to sale in lots to Defendant B.

The following are stated in the special terms and conditions of the sales contract of this case.

The above house gives the right of a contract transferor at the time of the conversion of sale to the LH Corporation without obtaining a sublease consent, but the contract transferor at the same time becomes aware by both parties.

The transferor shall cooperate in maintaining the contract until the conversion of sale.

On May 8, 2017, the Korea Land and Housing Corporation notified Defendant B of the illegal transfer of the right to lease from the Suwon District Prosecutors' Office. On May 16, 2017, the Korea Land and Housing Corporation notified Defendant B of the termination of the lease contract, and the Plaintiff removed from the instant apartment on November 7, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. (1) The Plaintiff asserted that the claim for return of unjust enrichment was made. (1) The Plaintiff paid KRW 164,854,000 to Defendant D’s bank account for the apartment of this case, and it is the instant public rental housing.