A. On November 7, 2006, the Defendant entered into a lease agreement with C to mutually adjust the lease deposit amount of KRW 4.9 million for the lease deposit amount from November 13, 2006 to November 12, 2016, and C paid KRW 50 million to the Defendant on April 15, 2008 as the deposit money for the lease of the instant commercial building.

B. On March 19, 2009, the Defendant filed a lawsuit against C claiming that the above lease contract was terminated, and sought payment of unjust enrichment equivalent to the rent until the above commercial building was transferred. From March 16, 2010 to March 16, 2010, “C shall pay to the Defendant, and from January 1, 2010 to April 15, 2010, the remainder of the lease deposit amount of the commercial building of this case shall be paid KRW 27 million to the Defendant, and the amount shall be paid from January 1, 2010 to the delivery of the commercial building of this case, which is calculated at the rate of KRW 3,50,000 per month.” The settlement recommendation was decided and confirmed on April 3, 2010, and around that time, C paid to the Defendant the remainder of the lease deposit amount of KRW 27 million to the Defendant.

C. On March 27, 2012, C transferred to the Plaintiff the part equivalent to KRW 50 million out of the claims to be returned of KRW 77 million (i.e., KRW 50 million) of the lease deposit of the instant commercial building (hereinafter “the instant claim”). On March 28, 2012, C issued a notice of assignment of claim to the Defendant on March 28, 2012.

The Plaintiff completed the registration of ownership transfer for the instant commercial building on the same day due to public sale on April 29, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant's defense of the trust of lawsuit is C.