1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 2, 2015, the Plaintiff filed a report on the right to lease deposit amounting to KRW 22 million as a small lessee of the instant real estate on March 2, 2015, which was owned by Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) and the demand for distribution of the real estate deposit amounting to KRW 603 (hereinafter “instant real estate”).

B. On March 9, 2016, the said auction court prepared a distribution schedule that distributes the total amount of KRW 53,119,116 to the Defendant, except for the Plaintiff’s dividends, and the said distribution schedule became final and conclusive around that time.

[Reasons for Recognition: Facts without dispute, Gap 3, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings]

2. Determination:

A. The plaintiff's assertion is a legitimate small-sum lessee who has entered into a lease contract with the non-party company by setting the lease deposit amount of KRW 22 million with respect to the real estate in this case and paid the lease deposit to the non-party company and moved in the real estate in this case. Thus, in the auction procedure in this case, the plaintiff should have received a dividend of KRW 22 million prior to the defendant, but did not receive a dividend due to the error

Therefore, the defendant asserts that the plaintiff is obligated to return the above 20 million won as unjust enrichment.

B. According to the evidence Nos. 1, 2, and 6, each of the following facts: (a) regarding the instant real estate, the lessor company, the Plaintiff, the lessee, the lease deposit amount of KRW 22 million, monthly rent of KRW 100,000,000, and the lease contract (hereinafter “instant lease contract”) concluded on July 11, 2014 on the date of concluding the contract; (b) the Plaintiff completed the move-in report on the instant real estate on July 11, 2014; (c) obtained the fixed date on the instant lease contract; (d) deposited the deposit account of the non-party company with the KRW 2 million on July 17, 2014; and (e) the name of the Plaintiff was written in the remarks column for the specification of the transaction.