1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The scope of the judgment of this court in the first instance court claimed KRW 5,976,412 as unjust enrichment, and KRW 20,000 as property damage or consolation money due to the Defendant’s act of theft or disposal, and the court of first instance dismissed both unjust enrichment and claim for damages, and partly accepted the claim for consolation money.

Since only the defendant appealed, the subject of the judgment of this court is limited to the claim of consolation money.

2. Regarding the claim of consolation money

A. The facts of recognition 1) The Seongbuk-gu Seoul Metropolitan Government D 1.19 (hereinafter “instant store”) entered into a lease agreement with F and the Defendant, the owner, with a deposit of KRW 20 million and KRW 1450,000 per month (excluding value-added tax), and F was operating a restaurant with the trade name “E” at the instant store, and F acquired the Plaintiff’s right and right of lease from F to KRW 20,000,000, including both the house and business facilities of the instant store, and C and the Defendant entered into a lease agreement with respect to the instant store on August 23, 2010 (the lease agreement entered into at that time is stipulated to restore the lessee’s right to restoration to its original state).

The lease of this case is referred to as “the lease of this case”

(2) The Plaintiff operated “E” in the instant store in the name of C, and was urged by the Defendant to pay rent and management fee on several occasions, etc. on January 4, 2012, the Plaintiff agreed to terminate the instant lease on the grounds of unpaid rent and management fee, etc., and given up all rights as a lessee, and the Plaintiff temporarily uses the instant store before the new lessee is determined or notified in writing due to wire or by other reasons, etc., and the lessor, new lessee, new lessee, etc. should complete the order immediately upon receipt of the notification.