1. The Plaintiff, Defendant A, Defendant A, Defendant B, Defendant B, Defendant B, KRW 23,886,767, Defendant C, Defendant C, KRW 9,365,434, and Defendant D, February 2.

1. Basic facts

A. On January 8, 2016, the Plaintiff was entrusted by the head of Guro-gu Seoul Metropolitan Government for the management of H, and permitted the use of and profit from the H underground sales facilities and changed its employee to the J (hereinafter “J”) established by the Plaintiff on March 18, 2016.

B. The J paid KRW 441,00,000 for the first year (2016) to the Plaintiff, but did not pay KRW 446,762,820 for the second year (2017). From December 2016, the J leased the said underground sales facility to the Defendants without obtaining the Plaintiff’s approval.

C. The business and the area of possession that the Defendants operated using the leased facilities are as listed in the annexed shop list column.

On April 18, 2017, the Plaintiff terminated the contract with the J on the grounds of unauthorized lease by J and unpaid usage fees, etc., and revoked the permission for use and profit-making. However, the Defendants occupied the said store by August 4, 2017.

E. From April 19, 2017, the date following the termination of the contract as above, the user fee and management fee calculated based on the unit area of the second year for 108 days from August 4, 2017, when the Defendants occupied the attached store from April 19, 2017 to August 4, 2017, shall be as specified in the list of the attached stores.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The Defendants asserting the Plaintiff’s assertion have occupied and used the said store without permission from April 19, 2017 to August 4, 2017. As such, the Plaintiff should pay to the Plaintiff the amount stated in the purport of the claim, which is the sum of unjust enrichment, damages, and management expenses, calculated based on KRW 76,583, which is 120 per unit area of the second year.

3. Determination

A. The Defendants’ liability for return of unjust enrichment is the fact that the Defendants occupied and used the attached store without permission from April 19, 2017 to August 14, 2017, following the cancellation of the Plaintiff’s permission for use and profit-making with respect to J, as seen earlier. Therefore, the Defendants are obliged to pay the store fee and management fee for the said period.