부당이득금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. C and D shared 1/2 shares of each of the stores 110, 110 stores, 54.16 square meters in Yeonsu-gu, Incheon (hereinafter “instant store”), and leased the instant store to F on April 10, 2014, by setting the deposit amount of KRW 20 million, KRW 1.5 million per month of rent, and the period from April 15, 2014 to April 15, 2016.
B. While F is occupying and using the instant store, the instant store was unregistered to the Defendant in sequence at C/D G H around that time.
When the Defendant purchased the instant store from H, it agreed to succeed to the obligation to refund KRW 20 million to F, and to substitute the same amount for the payment of a part of the purchase price. On May 16, 2014, the Defendant was established a provisional registration of the right to claim ownership transfer on the instant store from C/D on the grounds of the pre-sale agreement as of May 15, 2014.
C. On August 15, 2014, the Defendant (in fact-finding, father I, an agent) leased the instant store to the Plaintiff as of KRW 20 million, monthly rent of KRW 1.5 million, and the period from August 15, 2014 to August 15, 2016.
On August 22, 2014, the Plaintiff paid the lease deposit to the Defendant by means of directly remitting the amount of KRW 20 million to F, a former lessee’s account. On September 16, 2014, the Plaintiff paid the amount of KRW 1.5 million for one month (from August 15, 2014 to September 15, 2014) to the Defendant.
C/D around October 2014, the Plaintiff demanded that “the Defendant has no right to the instant store.” The Plaintiff immediately demanded that she deliver the instant store to her, and that the Plaintiff requested the Defendant to resolve the problem, but the Plaintiff failed to take any particular measure, and on November 15, 2014, the Plaintiff suspended the business of the instant store and took out goods such as the house, and notified the Defendant of the fact in possession of only the key.
E. C/D sold the instant store again to J around January 2, 2015, and on February 11, 2015, the said provisional registration on the instant store against the Defendant.