1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On September 29, 2016, the Plaintiff leased the Daegu Jung-gu C Apartment D (hereinafter “instant apartment”) to E.

B. E (hereinafter “the deceased”) resided in the instant apartment and died at the first half of 2017, and was supplied with urban gas by the Defendant up to that time, and did not pay the charges imposed on oneself.

The deceased’s heir did not pay the unpaid fees to the Defendant after receiving an adjudication on acceptance of a report on an inheritance limited approval to the Daegu Family Court.

C. On July 4, 2018, the Plaintiff paid all the Defendant the unpaid charge of KRW 357,210 (hereinafter “instant charge”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the deceased resided in the apartment of this case and obtained urban gas from the defendant and used urban gas and unpaid fees, the plaintiff does not bear the obligation to pay the instant fees.

Nevertheless, since the Plaintiff paid the instant charges to the Defendant, the Defendant obtained unjust enrichment equivalent to the instant charges without any legal ground.

Therefore, the defendant is obligated to return it to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion 1) The Defendant asserts that, insofar as the Plaintiff was aware of the existence of an obligation and paid the instant fee, it cannot be claimed for the return as it constitutes a bad faith repayment under Article 742 of the Civil Act. 2) The payment of debt under Article 742 of the Civil Act was established only where the payer was paid at will with knowledge of the existence of an obligation, and was aware that there was no obligation.

Even if a performance is enforced or it is inevitable to avoid de facto damage caused by the refusal of performance, etc., it goes against its own free will.