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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
The plaintiff filed a claim against the defendant for the return of unjust enrichment equivalent to the statutory interest on the lease deposit under the lease contract as of July 14, 201 and on December 20, 2017, which was returned from the defendant on May 15, 2018. The court of first instance accepted only the claim for return of the lease deposit and dismissed the claim for return of unjust enrichment.
As a result, this Court appealed against the part against the defendant only, the object of this Court's adjudication is limited to the return of deposit for lease.
2. Facts of recognition;
A. On July 14, 201, the Plaintiff entered into a lease agreement (hereinafter “instant first lease agreement”) with C to lease a building F of the building E (hereinafter “instant building”) for a fixed period of 36 months, both D and D, and C (hereinafter “instant building”) on a deposit amount of KRW 40 million in the instant first lease agreement, and paid KRW 40,000,000 to C as the deposit for the instant first lease agreement.
B. On July 16, 2011, the Plaintiff received the instant shopping mall from C. On December 8, 2011, the Plaintiff registered the business of the Taekwondo emblem, the place of business of which was located in the instant shopping mall (hereinafter “the instant Taekwondo emblem”).
C. On May 10, 2012, the Defendant completed the registration of the establishment of a neighboring mortgage on the instant commercial building, etc. (hereinafter “instant mortgage”) with respect to the maximum debt amount of KRW 650,000,000, and C/mortgage of the debtor and the Defendant as a mortgagee.
G jointly operated by the Plaintiff and the instant Taekwondo hall: (a) on July 25, 2012, G paid KRW 10,000,000 in total to J, the husband of the instant Taekwondo hall, and KRW 4,000,000,000 on July 25, 2012.
E. On July 16, 2014, the Plaintiff entered into a lease agreement with C to lease the instant commercial building with a lease deposit of KRW 50,00,000,00 from July 16, 201, and with a lease term of KRW 36 months from July 16, 2014 (hereinafter “instant renewed first lease agreement”), and on June 27, 2016.