1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 11, 2013, E concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, an agent of D, and the buildings listed in the separate sheet (hereinafter “instant building”) with KRW 10,000,000, monthly rent of KRW 850,000.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff, D, and E agreed to refund the lease deposit to the Plaintiff upon the termination of the lease agreement, and concluded a special agreement that “the Plaintiff shall notify the Plaintiff before settlement of accounts at the expiration of the lease agreement and settle the accounts with the lessee.”

C. Since then, the Plaintiff paid KRW 10,000,000 for lease deposit to E on behalf of D, and after installing singing facilities in the instant building, the Plaintiff was paid KRW 700,000 each month by leasing singing facilities to D.

The Defendants completed the registration of ownership transfer on September 21, 2015 with respect to each one/2 shares of the instant building on November 6, 2015.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 5, 8 (including paper numbers; hereinafter the same shall apply) and 10, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, as a de facto lessee under the instant lease agreement, has the right to possess the instant building, and the Plaintiff was paid KRW 700,000 each month by leasing music facilities installed in the instant building to D. Since the Defendants went away from November 16, 2015 to the Plaintiff’s possessory right source illegally, the Defendants are obligated to deliver the said building to the Plaintiff and return the amount of unjust enrichment as calculated at the rate of KRW 700,000 per month from November 6, 2015.

B. Since the Defendants’ instant lease agreement is not a party to the contract, the Plaintiff cannot seek unjust enrichment equivalent to the delivery of the instant store and the rent.

3. Determination feet, Gap Nos. 4, 5, 8, 8.