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1. The plaintiff's conjunctive claim is filed for both the plaintiff's preliminary claim and the preliminary claim added selectively at the trial.
Reasons
1. The reasons for the court's explanation concerning this case are the corresponding part of the judgment of the court of first instance, except for the addition of the judgment on the claim for return of unjust enrichment which is selectively added in the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the conjunctive claim that was selectively added in the trial
A. The Plaintiff asserted that the Defendants were the lessor of the instant case 1203, and paid KRW 20 million to the Defendants to the Defendants’ creditors F. The Defendants asserted that they were not lessors. As such, the Defendants were unjust enrichment in the amount equivalent to KRW 20 million to F. As such, the Defendants should return it.
B. As seen earlier, the Plaintiff’s payment of KRW 20 million to F is the so-called “short-term payment” between H and the Plaintiff seeking to lease the instant building, and between H and the Defendants, who had claims and obligations through transfer of the instant building, etc., and “H and the Defendants.” That is, it can be deemed that the Plaintiff paid KRW 20 million to F, a creditor of the Defendants, with the payment of KRW 20 million, to perform the obligation to pay the lease deposit to H, and it is difficult to view that the Plaintiff paid KRW 20 million to F without any legal cause, and there is no other evidence to acknowledge the Plaintiff’s assertion.
The plaintiff's assertion on this part is without merit.
3. Conclusion, the Plaintiff’s conjunctive claim of this case is dismissed in entirety as it is without merit.
The judgment of the court of first instance, which dismissed the conjunctive claim based on the plaintiff's business management, is justifiable with this conclusion. Thus, all of the plaintiff's appeal and the claim for return of unjust enrichment which are selectively added in the trial are dismissed.