1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 26, 2013, the Plaintiff leased two floors (hereinafter “instant building”) among the buildings listed in the separate sheet from the Defendant (hereinafter “instant lease”) by setting the lease deposit amount of KRW 25,000,000, monthly rent of KRW 1,000,000, and the term of lease from March 26, 2013 to March 26, 2015 (hereinafter “the instant lease”).

B. On July 11, 2014, the Defendant filed a lawsuit against the Plaintiff, claiming for the termination of the lease of this case on the ground of the rent delay, and filed a lawsuit against the Plaintiff, such as the surrender of the building (Seoulcheon District Court Branch Office 2014Kadan28000). On November 26, 2014, the said court rendered a ruling that “the Plaintiff shall deliver the building of this case to the Defendant, and pay the amount calculated at the rate of KRW 1,00,000 per month from September 27, 2013 to the delivery date of the building of this case” (hereinafter “the judgment related to Article 1”), and the first related judgment became final and conclusive on December 27, 2014.

C. On February 24, 2015, the Defendant intended to execute the delivery execution of the instant building with the judgment related to No. 1 as the executive title (Seoul District Court Branch Decision 2015No210). However, it was impossible for the Defendant to execute the execution on the ground of the difference in possession following Nonparty C’s business registration.

On August 13, 2015, the Defendant filed a lawsuit against C on August 13, 2015, including a building name map, etc. (Seoul District Court Branch Decision 2015Kadan19423). On May 25, 2016, the said court rendered a judgment on May 25, 2016 that “C shall deliver the building of this case to the Defendant” (hereinafter “related judgment 2”), and the second related judgment became final and conclusive on June 11, 2016.

E. On June 29, 2016, the Defendant rendered a judgment related to No. 2 as the enforcement title and carried out the delivery execution of the instant building (Seoul District Court Branch Branch Decision 2016No. 1666). On August 31, 2016, the auction procedure was conducted to cover the above execution cost in repayment of the said execution cost, and the Defendant purchased KRW 847,500 from the proceeds of sale.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 through 12, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.