1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 1, 2012, C: (a) on May 1, 2012, the lease term of the 201 and the 3rd floor (hereinafter “instant real estate”) of the Gyeyang-gu DD Building owned by the Plaintiff is five years from May 1, 2012 to April 30, 2017; (b) the lease deposit is KRW 400 million; and (c) the lease of the lease deposit is KRW 17 million per month; and (d) the lease of the intermediate care hospital is operated (hereinafter “instant lease contract”); and (e) the convalescent hospital is operated.

On January 16, 2013, the Defendant transferred the right to lease and the right to operate the restaurant of heading 305 (hereinafter “instant restaurant”) among them, and received KRW 50 million from the Defendant on the same day.

B. From the end of January 2013 to the end of April 2013, the Defendant occupied and used the instant restaurant.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 6 (including partial numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. On January 16, 2013, the Plaintiff asserted that the Defendant leased the instant restaurant owned by the Plaintiff from the former representative E without legitimate delegation from the Plaintiff, and occupied and used the instant restaurant without permission until January 2014, which was awarded a successful bid to a third party at an auction, and obtained 24 million won of the rent for the said 12-month period (12 months x 2 million won per month) and incurred damages equivalent to the same amount to the Plaintiff, and thus, the Defendant is obligated to return it to the Plaintiff.

B. Even if a lessee gains profit from the leased object by transferring or sub-leaseing the leased object to a third party without the consent of the lessor, the lessor still has a right to claim the rent against the lessee unless the lease contract is terminated or the lease contract is lawfully terminated due to other reasons. Therefore, to the extent that the lease exists, the lessor may not claim for damages on the rent or claim for restitution of unjust enrichment against the third party for illegal occupancy.

(Supreme Court Decision 2006Da10323 Decided February 28, 2008).