The defendant is about KRW 16,00,000 deposited with the Seoul Eastern District Court No. 3797 in 2106.

1. Basic facts

A. On July 4, 2006, the Plaintiff agreed to lease the first floor of Seongdong-gu Seoul Metropolitan Government Ground C Housing (hereinafter “instant Housing”) owned by the Plaintiff with the Defendant at KRW 25 million. However, for the Defendant’s lease loan, the Plaintiff entered the lease contract in terms of KRW 32 million.

B. On October 24, 2006, the Plaintiff decided to change the lease deposit amount to KRW 9 million under the above lease contract between the Defendant and the Defendant, and the monthly rent to KRW 1.5 million, and the lease contract was renewed.

C. Meanwhile, upon the Plaintiff’s application, the Seoul East Eastern District Court E with respect to the instant housing, the auction procedure for real estate was initiated.

At the above auction procedure on August 24, 2015, the Defendant filed a report on the right and demand for distribution with the lease deposit amount of KRW 32 million. On September 23, 2016, a distribution schedule was prepared to distribute the amount of KRW 359,194,073 as follows:

Defendant 16,000,000, 127,194,073 won, 127, 194,073 won, i.e., Defendant 16,000, 127, 194, 200, 200, 200, 200, 200, 200, 200, 200

D. Meanwhile, the amount of each of the first and second dividends against the Defendant was deposited respectively as Seoul East Eastern District Court No. 3797, 2101, 16,000,000 won, and 16,000,000 won in gold No. 3796, 2016.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties, even though the defendant's actual lease deposit was KRW 9,00,00,000, the defendant received 32,000,000 as dividends from the wind that the defendant reports the demand and right to demand a distribution in excess of the deposit in the auction procedure. The remaining dividends except the real lease deposit are the obligation to return the dividends to the plaintiff entitled to receive a dividend as unjust enrichment.

That is, the above dividends are deposited.