1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2. After an appeal is filed.

The plaintiff is the owner of each real estate listed in the separate sheet.

On March 31, 2014, the Plaintiff agreed to lease each real estate listed in the separate sheet to C from March 31, 2014, to KRW 10,000,000, monthly rent 1,200,000, and period of lease from March 31, 2014 to March 31, 2016.

The lease contract (No. 2) is written by the defendant as a observer.

The defendant, who is the child of C, has been engaged in the solid business in each real estate listed in the attached list.

[Grounds for recognition] The Defendant alleged by the Plaintiff as to the grounds for a claim as to the items in Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, did not pay KRW 13,200,000 as a sum of the monthly rent from May 2015 to March 2016, when the Plaintiff actually leased and used each of the above real estate.

In addition, the Defendant obtained the benefit of KRW 10,80,000 in total by placing wastes, etc. from each real estate listed in the separate sheet from April 2016 to December 2016, which was after the period of the above lease contract expires.

Therefore, the defendant obtained unfair profit equivalent to 24,000,000 won in total during the above period.

However, inasmuch as the Plaintiff received KRW 10,000,000 from C, it shall claim against the Defendant for unjust enrichment of KRW 14,000,000, deducting KRW 10,000 from the above KRW 24,00,000, and for delay thereof, the Plaintiff shall claim against the Defendant for unjust enrichment of KRW 14,00,000, and for delay.

Judgment

Even if a lessee uses or benefits from the leased object by transferring the right of lease or sub-leaseing the leased object to a third party without the consent of the lessor, regarding the amount equivalent to the rent from May 2015 to March 2016, the lessor still has a right to claim the rent against the lessee unless the lease contract is lawfully terminated or the lease contract is lawfully terminated due to other reasons. Thus, to the extent that the lease contract remains in existence, the lessor cannot claim for damages equivalent to the rent for illegal possession or claim for the return of unjust enrichment against the third party.

Supreme Court on February 28, 2008