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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:
Reasons
1.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 4, and Eul evidence 1 to 3:
From February 8, 2002, the Plaintiff and the Defendant shared 1/2 shares each of the instant building and housing (hereinafter “instant building”) with the 4th floor of the Gangnam-gu Seoul Ground reinforced concrete building and its brick slives.
B. Around December 9, 2010, the Defendant: (a) leased three floors of the instant building to D with the deposit money of KRW 30,000,00,000, monthly rent of KRW 180,000, and KRW 24 months; (b) around that time, D received KRW 30,000,000 from D; (c) around February 25, 201, D received the deposit money of KRW 30,00,000 from D; and (d) on February 25, 201, D confirmed the lease agreement entered into with the Defendant as a co-owner of the instant building; and (d) sent a letter verifying the content that “The Plaintiff will deposit the three floors into the account of the original Defendant each month, one-half each month, and thereafter paid each one-half each month to the original Defendant.”
3) On November 30, 2016, the Defendant leased three floors of the instant building to E with a lease deposit of KRW 30,000,000, monthly rent of KRW 1,600,000, and the lease deposit of KRW 30,00,000 from E around that time. Around that time, the Defendant performed the obligation to return the lease deposit of KRW 30,000,000 received from E, and the Defendant paid KRW 80,000,000, out of the rent received from the Plaintiff each month.
2. The assertion and judgment
A. 1) The parties’ assertion 1) The third floor of the instant building jointly owned by the original defendant is leased to E by the defendant alone and received KRW 30,000,000 as lease deposit. Thus, the defendant is obligated to return KRW 15,00,000 equivalent to the Plaintiff’s share out of the lease deposit to the Plaintiff as unjust enrichment. 2)