1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 2003, the Plaintiff leased part of the 4th floor of the Gwanak-gu Seoul Special Metropolitan City D Building (hereinafter “instant office”) from C for the purpose of preparing for the 17th election of National Assembly members (Seoul I).

B. H Party was formed on November 11, 2003.

C. The Plaintiff, along with the Defendant, E, F, G, and K, set up a warning line for the election of candidates for the National Assembly members in the Hparty Seoul Special District, H Party I, and in the process, the Defendant and E2 were compressedd as candidates therefor.

After that, the defendant was strategic, and the H party became a candidate for the Seoul National Assembly member on March 6, 2004.

On April 15, 2004, the defendant was elected as a member of the National Assembly (Seoul I) in the 17th general election.

[Reasons for Recognition] Facts without dispute, public notice fact, testimony of witness E of the party concerned, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff leased the instant office as of July 31, 2004 by setting the deposit amount of KRW 50 million, monthly rent of KRW 3.5 million, and the period of July 31, 2004. The Plaintiff used the instant office with the Defendant and other candidates during the 17th National Assembly members of H political party (Seoul I), along with the Defendant and other candidates (the Defendant used the instant office solely from the time when he became a candidate for H political party I local constituency until July 31, 2004.

(2) The Plaintiff, the Defendant, and the above candidates agreed to settle the lease deposit and rent of the instant office’s office, and the Defendant did not completely settle the lease deposit and rent until July 31, 2004, which is the expiration date of the lease term of the instant office, despite being elected as a candidate for the National Assembly member at Hparty Seoul Special Metropolitan City National Assembly member, and furthermore, the 17th National Assembly member was elected. As a result, the Plaintiff suffered loss from the deduction of the lease deposit in full amount of KRW 50 million due to unpaid rent, etc.

(A) The Defendant obtained unjust enrichment of KRW 50 million in total from the unpaid rent. Accordingly, the Defendant shall be liable to the Plaintiff.