1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 1, 2013, the Defendant leased a building on the ground (hereinafter “instant building”) other than D and 1 parcel (hereinafter “instant building”) owned by the Defendant’s spouse, to E and F during the lease period from August 1, 2013 to October 31, 2015, lease deposit amounting to 20,000, lease deposit amounting to 20,000, and rent from August 1, 2013 to October 31, 2014, from August 31, 2014, and from November 1, 2014 to October 31, 2015.

(hereinafter “instant lease agreement”). B.

E withdrawn from the partnership relationship with F on September 2015, and the instant lease agreement was implicitly renewed between F and F on October 31, 2015, which is the date on which the instant lease agreement was terminated, and thereafter, the rent amounting to 12,480,000 won under the instant lease agreement, which was overdue until November 1, 2015.

C. On the other hand, the Plaintiff remitted KRW 12,00,000 to the Defendant’s account on November 9, 2015 at F’s request. Since November 9, 2015, the Defendant was unable to receive the rent continuously from F, and the termination of the instant lease agreement was notified to F on March 16, 2016.

On August 19, 2016, the Defendant leased the instant building to Seogyeong-won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 3 through 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On November 2015, the summary of the Plaintiff’s assertion: (a) the Defendant agreed to the Plaintiff to succeed to the status of the lessee of the instant lease agreement; (b) refused to succeed to the status of the lessee under the instant lease agreement even though the Plaintiff received KRW 12,00,000 from the Plaintiff as the deposit for lease on November 9, 2015; and (c) the said agreement to succeed to the lessee was either made by the Defendant’s deception, or by the Defendant’s refusal to implement

Therefore, the Defendant is obligated to return 12,00,000 won received from the Plaintiff as unjust enrichment on the ground of an invalid lease transfer agreement to the Plaintiff.

(b).