Among the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant on 716.

1. Facts of recognition;

A. On June 23, 2010, the Plaintiff leased the Geumcheon-gu Seoul Metropolitan Government D Building and the second floor E (hereinafter “instant real estate”) from C during the lease period of KRW 10 million, monthly rent of KRW 250,000,000, and the lease period from July 5, 2010 to July 4, 2012.

Since then, the above lease was implicitly renewed.

B. The Defendant, who is the Plaintiff’s husband and the F (hereinafter “instant workplace”), was employed by G engaged in construction machinery rental business in the trade name, and resided in the instant real estate from May 20, 201 to May 20, 2018.

C. While the Defendant resided in the instant real estate, the Plaintiff paid or paid a total of KRW 24,729,860 for monthly rent and public charges for the instant real estate and KRW 716,90 for gas use.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Plaintiff’s assertion 1) The Plaintiff had the Defendant reside in the instant real estate from May 20, 201 on the condition that the monthly rent and public charge of the instant real estate were borne by the Defendant. (2) around May 2018, the Defendant continuously resided in the instant real estate until he/she retires from the instant real estate at the instant place of business, without any legal cause, and unjustly gained the amount of monthly rent and public charge of KRW 25,446,760, and the Plaintiff suffered damages equivalent to the same amount, and thus, is obligated to return it to the Plaintiff as unjust enrichment.

B. 1) The evidence of the Plaintiff’s submission alone is insufficient to acknowledge that the Defendant agreed to bear the monthly rent of the instant real estate while residing in the instant real estate, and there is no other evidence to prove otherwise. 2) The portion of public charges and gas use charges in the instant claim amount is KRW 21,250,000 among the claim amount in the reference document for reference on October 13, 2020, which was after the closing of argument in the instant case, until the Plaintiff asserts that the monthly rent is KRW 4,196,760.