1. The plaintiff's claim is dismissed.

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

1. Factual basis

A. C is the owner of the instant apartment, and C’s ASEAN entered into a lease agreement on behalf of C with the Defendant on January 2, 2014, with respect to the instant apartment, KRW 220,00,000, KRW 330,000 per month of rent, and the lease term from January 19, 2014 to January 18, 2016 (hereinafter “instant lease agreement”). The Defendant occupied and used the instant apartment after obtaining the transfer of the instant apartment and completing the move-in report on the same day on January 27, 2014.

On September 22, 2015, the Defendant changed the deposit amount to KRW 230,00,000 for the instant lease agreement, and to no rent, and renewed the contract from September 22, 2015 to September 22, 2017.

B. On December 30, 2015, the Plaintiff entered into a sales contract of KRW 355,000,000 with respect to the apartment of this case with C and C on December 30, 2015, and completed the registration of ownership transfer on February 23, 2016.

[Based on recognition] Gap evidence 1, Gap evidence 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, Eul evidence 4 (the plaintiff asserted that each part of Eul evidence 1 and Eul evidence 4 was forged, but it is recognized that Eul was prepared with the power of representation granted by Eul as follows);

2. The plaintiff asserts that since D voluntarily concluded a lease agreement with the defendant without obtaining the power of representation from C, the lease agreement of this case is no longer effective. The defendant asserts that the defendant is obligated to deliver the apartment of this case to the plaintiff, and to pay the amount of unjust enrichment calculated at the rate of KRW 500,000 per month from February 24, 2016 to the completion date of delivery of the above apartment.

As to this, the defendant asserts that since D entered into a lease contract with the delegation from C, the defendant can oppose the plaintiff as a legitimate lessee.

3. According to the reasoning of the evidence No. 2, evidence No. 12, evidence No. 8-1, 2, 3, 4, and evidence No. 17-1, 2, and 3, and the purport of the whole pleadings.