1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 29, 2012, Lone Star Investment Development Co., Ltd. (hereinafter “Nonindicted Company”) acquired the ownership of No. 117-1 (hereinafter “instant commercial building”) of the first floor of the C building at Yangyang-si, and completed the registration for transfer of ownership on the ground of the same day on June 25, 2015, on the ground of a trust in Asia Trust Co., Ltd. (hereinafter “A Trust”).

B. After that, the non-party company leased the instant commercial building to the Defendant KRW 30 million, monthly rent of KRW 2 million (hereinafter “the instant lease contract”), and the Defendant paid KRW 30 million to the non-party company and paid a rent to the non-party company while moving into the instant commercial building and operating the beauty room.

C. On August 23, 2017, the Plaintiff received a decision to seize and collect the claim for rent of KRW 33,333,333 against the Defendant of the non-party company (the Daejeon District Court Branch Decision 2017TY 2017TTY 5526, hereinafter “instant collection order”) with the title of execution of the Notarial Deed No. 175 prepared by the law firm manager as the title, and the said collection order was served on the Defendant on August 24, 2017.

As the non-party company did not fulfill its trust obligation, the public auction (hereinafter “instant public auction”) was commenced for the instant commercial building on October 2017 upon application for the Asian trust, and D awarded a successful bid for the instant commercial building on November 22, 2017 and completed the registration of ownership transfer on December 19, 2017.

[Reasons for Recognition: Evidence No. 1, 2, 3, 4, and Evidence No. 2, the purport of the whole pleadings]

2. Assertion and determination

A. According to the above facts finding as to the cause of the claim, given that the collection order of this case was served on the Defendant on August 24, 2017, the Defendant is obliged to pay the Plaintiff rent thereafter, barring any special circumstance.

B. After the Defendant’s argument D was awarded a successful bid for the instant commercial building, the Defendant’s defense amounted to KRW 8 million that was not paid up to that time to the non-party company.