1. The defendant shall deliver the following buildings at the same time with the payment of 100 million won from the plaintiff:

members of Ansan-si.

1. At the time of March 2005, the Defendant asserted that the Plaintiff leased the instant apartment as KRW 100 million from the owner of the apartment and occupied it, but has not paid the deposit so far.

On February 27, 2014, the Plaintiff succeeded to the status of the lessor by acquiring the ownership of the instant apartment, and notified the Defendant of the termination of the lease on April 3, 2015, the lease of the instant apartment was terminated six months after the lapse of the prescribed period.

Therefore, the defendant shall return the leased object and pay 1.5 million won per month for unjust enrichment equivalent to the rent after the termination of the lease.

2. Determination

A. The Defendant asserts that, without contesting the fact that the lease of KRW 100 million was created, it is only obligated to return the object by the refund of KRW 100 million paid and the simultaneous performance.

Therefore, this case's main issue is whether to pay 100 million won or not.

B. The following facts are acknowledged in light of the overall purport of the pleadings in each testimony of Eul 2, 3, 5, 7, witness D, and E:

① 원고의 대표자 F의 어머니 G(이 사건 아파트의 실소유자로서 피고 입주 당시 소유자 H은 명의수탁자이고, 피고가 임차인으로서 거주하는 동안 피고 앞으로도 명의신탁되었다가 현재 원고 앞으로 명의신탁된 상태이다)는 2002. 6.경 급히 돈이 필요하여 자신의 동생이자 피고의 제수(弟嫂) D로부터 580,000,000원을 빌렸다.

② G left D principal of KRW 170,00,000 on December 6, 2002, KRW 130,000 on May 13, 2004, KRW 30,000 on May 24, 2004, KRW 10,000 on December 24, 2004, KRW 10,000 on December 14, 2004, KRW 410,000 on January 31, 2005, while paying to D a sum of KRW 410,00,000 on January 31, 2005.

③ around March 2005, D Husband and wife agreed on the lease between G and 100 million won of the apartment of this case for the Defendant and the actual owner of the apartment of this case, and had the Defendant move in, but did not pay the deposit.

(4) G shall be D around May 4, 2005.