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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons for the court's explanation of this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of "the additional determination" to the argument newly added by the court of first instance as to this case, and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant asserts that the former owner D paid KRW 900 million to the former owner D the lease deposit of the hotel of this case, and that the payment for the use of the above hotel would have been made until the return was returned. Thus, the defendant did not bear the obligation to return unjust enrichment.
However, barring any assertion or proof as to the Plaintiff’s succession to a lessor’s status under a lease agreement on the hotel of this case between D and the Defendant, the Plaintiff cannot be exempted from the obligation to return unjust enrichment after the date of acquisition of ownership against the Plaintiff, who is the new owner on the ground of the claim for refund of security deposit against D, the former owner and the lessor. Furthermore, even if the Plaintiff succeeded to a lessor’s status under a lease agreement between D and the Defendant after the termination of the lease agreement, if the lessee continues to occupy the leased building by exercising the right to defense of simultaneous performance, it is separate from the fact that such possession does not constitute an illegal possession. Thus, the obligation to return unjust enrichment is established, as long as the lessee continuously occupied the leased building and gains substantial profit from the use and profit according to the original purpose of the lease agreement
Therefore, this part of the defendant's argument is without merit.
3. As such, the plaintiff's claim should be accepted on the grounds of its reasoning. The judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.