1. Of the judgment of the court of first instance, the monetary payment part against the defendant is modified as follows.

The defendant is co-defendant of the first instance court.

1. The scope of the trial at this court filed a claim against the Defendant, Co-Defendant B, and C for the extradition of the real estate indicated in the separate sheet (hereinafter “instant real estate”) and for the restitution of unjust enrichment equivalent to the overdue rent and rent, and for the cancellation of the registration of the establishment of a right to lease on a deposit basis for the instant real estate. The first instance court accepted all the Plaintiff’s claim.

In this regard, the defendant and the co-defendant B and C appealed appealed on the part of the judgment of the court of first instance, but they withdrawn the appeal. As such, the scope of the judgment of this court is limited to the plaintiff's claim for restitution of unjust enrichment equivalent to the overdue rent and rent against the defendant.

2. Facts of recognition;

A. On January 13, 2016, the Defendant, B, and C entered into a lease agreement with the Plaintiff, the owner of the instant real estate, as well as KRW 400,00,000 for lease deposit, KRW 14,000 for the tea month (excluding value-added tax), and from January 25, 2016 to January 24, 2018 (hereinafter “instant lease agreement”), and around that time, paid KRW 400,000 for lease deposit to the Plaintiff, and operated a lodging establishment upon delivery of the instant real estate from the Plaintiff.

B. In order to secure the return of the lease deposit under the instant lease agreement, the Plaintiff completed the registration for the establishment of a right to lease on a deposit basis with the Defendant, B, and C as to the instant real estate (No. 8306, Jan. 26, 2016, which was received on January 26, 2016) from January 25, 2016 to January 24, 2018.

(hereinafter “Registration of creation of chonsegwon”). C.

On July 3, 2019, after the judgment of the first instance was rendered, Defendant, B, and C occupied and used the instant real estate, and transferred the instant real estate to the Plaintiff.

Meanwhile, the Defendant, B, and C did not pay monthly rent after the conclusion of the instant lease agreement. B around September 30, 2016, the Plaintiff as the principal deposit, and the Seoul Central District Court was KRW 22538,00,000, as Seoul Central District Court Decision 22538, supra, as a part of the overdue rent.