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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
D On July 11, 2013, E entered into a contract on the lease deposit of KRW 10,00,000, KRW 850,000, and the lease term of KRW 850,000, and the lease term of KRW 11, 203 from July 11, 2013 to July 11, 2015 (hereinafter “instant lease contract”). The Plaintiff’s agent is written in the lease contract.
At the time of the conclusion of the instant lease agreement, the Plaintiff, D, and E agreed to refund the lease deposit to the Plaintiff upon the termination of the lease agreement. The special agreement stated that “The Plaintiff shall notify the Plaintiff before settlement and settle the settlement before the expiration of the lease agreement.”
Since then, the plaintiff paid 10 million won of the rental deposit to E on behalf of D, and received 700,000 won per month from D.
The Defendants completed the registration of ownership transfer on September 21, 2015 with respect to each one-half share of the instant stores on November 6, 2015.
[Ground of recognition] The Plaintiff’s assertion of the purport of the entire argument by the parties to the instant lease agreement is entitled to possess the instant store as the actual lessee of the instant lease agreement. Since the Defendants unlawfully deprived the Plaintiff’s source of possession from November 16, 2015, the Defendants are obligated to deliver the said store to the Plaintiff, and return the amount of unjust enrichment equivalent to the rent for the said store calculated at the rate of KRW 700,000 per month from November 6, 2015.
The defendant's assertion that the lease contract of this case is not a plaintiff since it is not a plaintiff, the plaintiff cannot seek unjust enrichment equivalent to the delivery of the store of this case and the rent.
Judgment
In this case, the lease contract of this case is stipulated as D, not the plaintiff, and the person who paid the lessor E the rent of KRW 850,000 according to the above lease contract is the plaintiff.