부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 19, 2007, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 200,000,000 per month, monthly rent of KRW 17,000,00 from the delivery date of the building to October 31, 2012, and operated the restaurant in the said building. On August 23, 2012, the Plaintiff entered into the lease agreement with the Defendant on a deposit of KRW 80,00,00,000, monthly rent of KRW 65,000,000 for the ground level of the said building (hereinafter “instant real estate”). From September 1, 2012 to August 31, 2014, the lease agreement was renewed (hereinafter “instant lease”).
B. On September 30, 2013, the Plaintiff and the Defendant agreed on the instant lease agreement, and the Plaintiff received KRW 100,000,000,000,000,000 from the Defendant, deducting the nominal money of KRW 80,000 from the monthly rent of KRW 13 million and KRW 60,000 from the monthly rent of KRW 2 years.
C. Meanwhile, between D and October 1, 2013, the Defendant entered into a lease contract with a deposit of KRW 85 million for the instant real estate, monthly rent of KRW 7.2 million for the instant real estate, and the term of lease from October 1, 2013 to September 30, 2015. D is operating a restaurant on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 7, 8, Eul evidence 1 to 6 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties is not clear as to whether to enter into a lease agreement with a new lessee after the agreement is concluded by the defendant. Since the defendant entered into a lease agreement with D with the real estate of this case with the plaintiff and received the rent, the defendant was paid as compensation equivalent to the rent corresponding to the remaining lease term. Thus, since the defendant, at the plaintiff's effort, entered into a lease agreement with D and the real estate of this case and received the rent, the defendant is the name of the rent received twice to the plaintiff.