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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. The parties' assertion
A. On September 15, 2010, the Plaintiff leased the 2nd floor of Busan D-based concrete 3rd floor (hereinafter “instant building”) to C Co., Ltd. (hereinafter “C”), but C discontinued its business around September 2012, and C left the 2nd floor of the instant building on June 5, 2013.
Therefore, from September 2012 to February 15, 2013, the Plaintiff deducted the Defendant’s unjust enrichment from the leased deposit that C paid to the Plaintiff. Ultimately, the Defendant was obligated to return KRW 1,466,00,00 as the second floor of the instant building during the period from February 16, 2013 to June 5, 2013.
In addition, the Plaintiff paid the electricity tax of KRW 190,616 on behalf of the Defendant, and paid KRW 20,850 to connect the electricity that was cut off due to the Defendant’s failure to pay the electricity tax, and the Defendant is obligated to pay the said electricity tax and the electricity connections to the Plaintiff.
B. The party who entered into a lease agreement with the Defendant is C, and the use and profit-making of the second floor of the instant building is also a corporate employee of C, and the Defendant does not bear any obligation against the Plaintiff with respect to the use and profit-making of the second floor of the instant building.
2. Determination as to the cause of action
A. According to the overall purport of the statement and pleading evidence Nos. 1, 2, and 3 through 5 as to whether the Defendant illegally occupied the building of this case, ① the Plaintiff leased the second floor of this case to C on September 15, 2010 as the lease deposit amount of KRW 3 million, monthly rent of KRW 400,000,000 from September 15, 2010, and the lease term of KRW 24 months from September 15, 2010. ② The Plaintiff is the 6/10 equity interest holder of the building of this case, and the Plaintiff or E is the 4/10 equity interest holder of the building of this case (E completed the registration of transfer on August 12, 2010).
The third representative director of C is F, and inside director was the defendant, and the defendant is the defendant.