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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion in collusion with the construction business operators of Chungcheongnam-gun, Chungcheongnam-gun, Da, and E-ground F Building (hereinafter “instant building”), who own the Plaintiff, forged the lease agreement on the first floor or the fourth floor of the instant building, and used the agreement for business registration. From December 6, 2011 to December 6, 201, the Defendant occupied the instant building without any legal cause while operating the G convalescent Hospital (hereinafter “instant convalescent hospital”).
따라서 피고는, 피고가 이 사건 건물 1층 내지 4층에 대한 점유를 시작한 2011. 12. 6.부터 원고가 이 사건 건물에 관한 소유권을 상실한 2012. 12. 18.까지 기간에 대한 차임 상당의 부당이득으로서 249,205,765원[= 일 차임 657,535(≒ 월 차임 20,000,000원 × 12개월/365) × 379일]을 원고에게 반환할 의무가 있다.
B. On the grounds delineated below the Defendant’s assertion, the Defendant is not obliged to pay to the Plaintiff unjust enrichment equivalent to the rent due to the possession of the first and fourth floors of the instant building.
1) The Plaintiff delegated the right to lease the instant building to H who carried out the interior construction of the instant building, etc., and H delegated the right to lease the instant building, and H delegated the right to lease the instant building to the Jungan Co., Ltd. (hereinafter
(2) On March 5, 2012, the Defendant again delegated the above lease right to the Plaintiff, and the Defendant agreed to gratuitously lease the first floor or the fourth floor of the instant building until the completion of the auction procedure on the instant building, in consideration of the Defendant’s occupation on behalf of the Defendant to maintain the lien on the first floor or the fourth floor of the instant building, until the completion of the auction procedure on the instant building. The lease agreement (No. 2-3, hereinafter “instant free lease agreement”).
A) Accordingly, the Defendant occupied the first floor or fourth floor of the instant building in accordance with the instant gratuitous lease agreement. 2) Home H or refined Proposal.