부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s relationship 1) On August 12, 2008, the Plaintiff: (a) on the ground Etel (hereinafter “instant officetel”) outside Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon; and (b) the instant officetel.
A) The registration of ownership preservation was completed. The instant officetel is a 7th floor building consisting of approximately 70 family rooms. 2) F is the Plaintiff’s husband.
The Plaintiff was residing in Seoul, F was living separately from the Plaintiff, and the instant officetel G.
3) H worked in a housing management entity in the name of “J” located in Seoan-gu, Seoan-gu, Seocheon-si, and had been delegated the management of the instant officetel from around March 201 to March 3, 201 by the Plaintiff and received management fees of KRW 35,000 per month from the occupants, and performed the duties of the occupants, such as repair of household appliances, payment of public charges, and cleaning of buildings. B. Of the contents delegated by H, the instant officetel K (hereinafter “instant building”).
(C) On May 23, 2009, the Plaintiff entered into a lease agreement with the F, claiming that the Defendant is the Plaintiff’s agent on May 23, 2009, on the condition that the instant building was leased at KRW 2,000,000, monthly rent, and KRW 400,000, in color of the lessee (hereinafter “instant lease agreement”). The Defendant entered into a lease agreement with the F and F, stating that the Defendant is the Plaintiff’s agent, with the terms that the Defendant leases the instant building from the Plaintiff from May 30, 209 to May 29, 201 (hereinafter “instant lease agreement”).
2. On May 30, 2009, the Defendant remitted the down payment of the lease deposit KRW 3 million on the date of entering into the instant lease contract to the H account designated by F, and later remitted the remainder of the lease deposit KRW 27 million on May 27, 2009, KRW 360,000 for one year rent, and KRW 35,000 for one month rent, and moved into the instant building on May 30, 2009.
H deposited the above money transferred to its account in cash and paid to F. D.