1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 30, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the Daegu Suwon-gu C and D ground accommodation (hereinafter “instant building”) of KRW 200 million (the remainder KRW 180 million), monthly rent of KRW 850 million, and the term of lease from November 16, 2012 to November 15, 2014 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the term “in the event the instant article is sold during the contract period, KRW 20 million shall be paid as relocation expenses and shall be expressed within one month from the date of notification (Paragraph 4),” and “monthly tax is a separate contract for surtax (Paragraph 5).”

C. On October 23, 2014, the Defendant terminated the instant lease agreement, and settled the overdue rent, etc. and the refund of the lease deposit.

On the same day, the Plaintiff paid KRW 165 million to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion asserts that the monthly rent to be paid by the defendant to the plaintiff is KRW 215 million (=935 million x 23 months). The monthly rent actually paid by the defendant is a total of KRW 153 million, and therefore, the lease deposit amount is KRW 13,795 (=200 million - KRW 150 million - KRW 153 million) after the deduction to be paid by the plaintiff. The plaintiff returned KRW 165 million to the defendant due to a mistake in calculation, so the defendant should return KRW 27,705 million, which is the difference, to the defendant as unjust enrichment.

B. As to the defendant's assertion, the defendant asserts that since the defendant received KRW 165 million from the plaintiff through the following settlement process, the defendant does not have any obligation to return part of the amount to the plaintiff.

1. At the time of the instant lease agreement, a monthly rent of KRW 8.5 million or value-added tax is agreed to pay KRW 500,000,000 in total.