건물명도 및 부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In the auction procedure for real estate auction filed by the Industrial Bank of Korea on March 10, 2010 with respect to D apartment Nos. 103, 802, 103, and 802 (hereinafter “instant real estate”), owned by E, the Plaintiff was the highest bidder and became the owner of the instant real estate upon receiving a decision of permission for sale on August 14, 2014.
B. On April 21, 2006, the Defendant entered into a lease contract with E to lease the instant real estate with a deposit of KRW 110 million, and completed a move-in report on July 5, 2006 and resided in the said real estate thereafter. On March 5, 2010, the Defendant entered into a new lease contract with E to lease the instant real estate with a deposit of KRW 40 million with a deposit of KRW 150 million and received a fixed date on September 9, 201.
(hereinafter “instant lease agreement”). 【No dispute exists, evidence Nos. 1, 2, and 1 of the instant lease agreement
2. The parties' assertion
A. For the reasons delineated below, the Defendant cannot oppose the Plaintiff by the instant lease agreement. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to the rent.
1) The instant lease agreement is null and void as a false declaration of agreement. 2) The Plaintiff is a successor to the status of a lessor under the instant lease agreement, and the Defendant did not pay part of the deposit, thereby cancelling the instant lease agreement.
B. The Defendant is a genuine lessee who has leased the instant real estate from E that he came to know as a person in charge of transaction of the Defendant’s workplace and resided in the said real estate for at least eight years.
The defendant lent money to E Co., Ltd. F (hereinafter referred to as "non-party company") several times, and some of the deposit money under the first lease agreement and the increased deposit amount under the changed lease agreement shall be the difference.