1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff and the defendant reported their marriage on April 14, 2001.

B. The Plaintiff filed a divorce lawsuit against the Defendant in 2013, and the Defendant also claimed a divorce as a counterclaim.

On May 2016, the judgment that cited the defendant's counterclaim became final and conclusive and became divorced from the plaintiff and the defendant.

C. Meanwhile, on September 4, 2012, prior to filing a divorce lawsuit, the Plaintiff registered the transfer of ownership in his/her name with respect to the land and its second floor building (hereinafter “instant real estate”).

In addition, around November 19, 2012, the Plaintiff and the Defendant drafted a “real estate lease agreement” (Evidence A3) stating that the Plaintiff shall lease the instant real estate to the Defendant with a monthly rent of KRW 4 million without a deposit for 12 months, and the Defendant operated Lestop in the instant real estate.

[Ground] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Gap evidence 2, Gap evidence 5-1 and Eul evidence 2, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the defense is that the plaintiff filed the same claim against the defendant in the lawsuit against the defendant in 2015da11974, which was filed by the court against the defendant, and the above lawsuit was concluded as a decision recommending reconciliation, and thus the lawsuit in this case is in conflict with res judicata

B. We examine the determination that the Plaintiff filed a lawsuit against the Defendant with the purport of seeking the delivery and monthly rent, etc. of the instant real estate. On May 26, 2016, the Plaintiff withdrawn the relevant lawsuit, and the Defendant withdrawn the lawsuit, and issued a settlement recommendation decision with the content of the consent to withdrawal of each lawsuit (Evidence 1, etc.). However, the said settlement recommendation decision is merely simply withdrawal of the lawsuit, and it is difficult to view that it conflicts with the res judicata effect of the said settlement recommendation decision even if the Plaintiff institutes a new lawsuit with the same content.

The defendant's above defense shall not be accepted.

3...