부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) On June 14, 2010, the Plaintiff: (a) from C on June 14, 2010, the Plaintiff set a deposit of KRW 20,000,000, a larger portion of the D Apartment and 6 Dong 516 (hereinafter “instant apartment”).
B) In the above auction procedure, the Korea Financial Savings Bank, which is the collateral security right of the apartment of this case, applied for a voluntary auction based on the above collateral, and the defendant, who acquired the collateral secured by the collateral security by the Korea Financial Savings Bank, was paid KRW 37,509,797 in the second priority in the order of Seoul Special Metropolitan City Nowon-gu, the Dong Savings Bank, and KRW 191,041,095 in the second priority in the second priority in the above auction procedure, and the above deposit was not paid at all. The plaintiff did not receive the above deposit at all. The plaintiff was able to receive the payment of KRW 20,000,000 in preference to the defendant under the Housing Lease Protection Act. Thus, the defendant should return the above deposit amount of KRW 20,000 to the plaintiff as unjust enrichment.
2) The Defendant’s assertion is the most lessee who does not have entered into a lease contract as alleged by the Plaintiff with the Plaintiff. The key issue of this case is whether the Plaintiff and C are the genuine small lessee by entering into a lease contract as alleged by the Plaintiff. In light of the following facts and circumstances, it is reasonable to deem that the Plaintiff was the most lessee who does not have entered into a lease contract as alleged by the Plaintiff with C. Thus, the Plaintiff’s assertion on the premise that the Plaintiff is a genuine small lessee is without merit. 1) The Plaintiff’s assertion on the premise that the Plaintiff is a genuine small lessee is a lease contract or the above lease contract form, which is made between the Plaintiff and C, is used by the Korean Licensed Real Estate Agent Association, while its contents are written by a direct agreement between the Plaintiff and C.