1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 5,000,000 from the Plaintiff, real estate indicated in the separate sheet.

1. Facts of recognition;

A. On September 17, 2014, the Plaintiff leased real estate indicated in the separate sheet (hereinafter “instant apartment”) that is a rental house under the former Rental Housing Act (amended by Act No. 12704, May 28, 2014; hereinafter “Rental Housing Act”) from a limited partnership company’s middle house (hereinafter “medium Housing”) during the period from October 30, 201 to October 29, 2016, with a deposit amount of KRW 87,750,000, monthly rent of KRW 320,000, and the rental period of KRW 320,000, and the rental period of KRW 30,000 from October 30, 2014.

B. On January 7, 2015, the Plaintiff entered into a sublease contract with the Defendant for rent of KRW 5,000,000 and KRW 350,000 per month for the instant real estate (hereinafter “instant sublease contract”).

C. From November 7, 2015, the Defendant did not pay the Plaintiff the rent according to the instant sub-lease contract.

On August 2016, the Plaintiff paid 1,661,360 won on behalf of the Defendant for the management expenses of the instant apartment in arrears.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal principles are established when one of the parties agrees to allow the other party to use or make profits from an object and the other party agrees to pay the rent for it, and the lessor does not have the ownership or right to lease the object. Thus, even if the object of lease is owned by the other party, barring special circumstances, such as a request for return of the object or for payment of the rent or the amount equivalent thereto, even if the object of lease is owned by the other party, the lessee is obligated to order the lessor to order the object and pay the rent in arrears until the end of the lease. Furthermore, the lessee is also obligated to return unjust enrichment equivalent to the rent due to the possession or use of the real estate from the end of the lease to the completion date of the

Supreme Court Decision 201 June 29, 2001