부당이득금등 반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The deceased C (the deceased on September 4, 2015; hereinafter “the deceased”) is the owner of the Dopo-si 516 Dong 1206 (hereinafter “instant apartment”) and the Plaintiff is the deceased’s fault.
B. 1) On December 29, 2014, the Defendant entered into a contract with the Deceased to lease the instant apartment as KRW 60,000,000, and the lease period from February 14, 2015 to February 13, 2017 (hereinafter “instant lease contract”).
(2) The Defendant paid KRW 60,000,000 to the Deceased, and, upon the delivery of the instant apartment, had the Deceased move to the Daejeon Metropolitan City, the Defendant agreed on August 26, 2015, upon the termination of the said lease agreement with the Deceased, the Defendant agreed to receive KRW 60,000,000 from the Deceased on November 30, 2015, when the Defendant agreed on the said lease agreement with the Deceased and agreed to receive KRW 60,000 from the Deceased on the date of the said apartment.
3) However, the deceased died on September 4, 2015, and on November 30, 2015, the deceased failed to reach an agreement on the division of inherited property between the deceased’s heirs, and the Defendant was unable to refund the lease deposit, and eventually, he continued to reside in the apartment of this case. (C) After December 7, 2015, the Defendant requested that “I (the deceased’s omission) return the lease deposit to E (the deceased’s omission) as necessary to pay the purchase price of the house to which the deceased would enter, and return the lease deposit.”
He lent KRW 60,00,000 to the Defendant on the same day, and later, the Defendant agreed to repay the said loan with the money when he received the refund of the instant lease deposit.
2) In order to secure the above loan on December 7, 2015, the Defendant issued to E a promissory note with the face value of KRW 60,00,000 at face value, KRW 7,00 on December 7, 2015, and the date of issuance, and the date of payment at sight, the place of issuance, the place of payment, and the place of payment at Kimpo-si, respectively, to the effect that the Defendant shall recognize the compulsory execution of the said promissory note on the same day (F.).