1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 201, the Defendant entered into a lease agreement with D and Seoul Special Metropolitan City Nowon-gu E-gu 109 on a deposit of KRW 26 million, monthly rent of KRW 10,400,000 for the first floor (hereinafter “instant store”).

B. D operated the restaurant in the name of “F” at the instant store (hereinafter “instant restaurant”). From May 2012, A served as the principal office of the instant restaurant from around May 201, and D operated a separate store from around May 2014, and managed the instant restaurant on behalf of D.

C. A remitted each amount of KRW 10 million to the Defendant on August 28, 2015, KRW 200 million on August 31, 2015, KRW 8 million on September 1, 2015, and KRW 8 million on September 2015.

(hereinafter referred to as “instant KRW 20 million” by aggregating the above amounts. D.

On the other hand, while the lawsuit in this case is pending, A applied for bankruptcy in Seoul Rehabilitation Court (2017Hadan1031) and was declared bankrupt in the above court on May 22, 2017, and the Plaintiff, a trustee in bankruptcy, took over the lawsuit in this case.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The parties' assertion and judgment

A. On August 2015, Plaintiff A requested the Defendant to enter into a new lease agreement with a view to operating the instant restaurant instead of D. Accordingly, the Defendant entered into a new lease agreement with a lease deposit, and the Defendant transferred KRW 20 million to the Defendant under the name of the lease deposit. However, upon the Defendant’s request for more than KRW 30 million as the lease deposit, Plaintiff waived the lease agreement and requested the Defendant to return KRW 20 million to the Defendant, but the Defendant refused it. Accordingly, Defendant D is obligated to return KRW 20 million with unjust enrichment to the Plaintiff, who is the party taking over the lawsuit of Plaintiff A. (the party taking over the lawsuit of this case) around August 2015, to pay KRW 20 million, instead of paying the instant lease agreement.