A. The defendant is the non-party D's spouse, who is the owner of the commercial building on the ground C in Haak-gun, Gyeongnam-gun.

B. On March 2012, D leased the first floor of the said commercial building (hereinafter “instant commercial building”) to E as the deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and the lease period of 12 months.

C. The instant commercial building was used as a pharmacy, and on May 26, 2014, the Plaintiff paid and acquired the operating right and equipment of the instant commercial building from E to KRW 100 million for the premium.

In the acquisition-do contract, E made its best to maintain the commercial building lease agreement with Nonparty D for three years, and agreed to return 70% of the premium if it is impossible to operate the pharmacy due to hospital conditions within one year from the contract date.

D around January 2015, around April 2015, to E, the Plaintiff did not extend the lease contract of the instant commercial building, but the Plaintiff agreed to extend the period of use by May 25, 2015 on the date of the contract with E, and notified the Plaintiff of the change after delivering the instant commercial building on May 25, 2015.

E. The Plaintiff received notification from D to May 25, 2015 to request for the delivery of the instant commercial building, and filed a lawsuit against E seeking the return of the premium under the Changwon District Court Musan Branch Branch 2015Kadan3009, and the said lawsuit was terminated by the compulsory adjustment decision that E returned KRW 30 million out of the premium.

E transferred 30 million won to the Plaintiff on July 15, 2015 according to the compulsory adjustment decision.

F. Meanwhile, after having taken over the instant shopping mall from E, the Plaintiff transferred monthly rent of KRW 2,750,000 to the F Bank account (number G) of Nonparty D until September 25, 2015. On October 14, 2015, the monthly rent was transferred to the Defendant’s F Bank account (number H) on November 14, 2015.

D issued a tax invoice to the Plaintiff on the monthly rent paid up to October 2015, including the value added tax on September 2015 and October 2015.