1. The plaintiff's claim is dismissed.

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

1. The following facts may be found in Gap evidence Nos. 1 to 7 by integrating the whole purport of the pleadings.

On January 27, 2005, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The Plaintiff’s representative at the time of completing the registration of ownership transfer regarding the instant real estate C.

C. On September 26, 2006, C entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms and conditions that the lease deposit amount is KRW 12 million, monthly rent is KRW 1.2 million, and the lease period is determined by October 10, 2007.

C On December 9, 2010, notified the termination of the instant lease agreement on the grounds of the delinquency in monthly rent under the instant lease agreement.

E. C died on May 15, 201.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the representative of the plaintiff is merely a party to the lease contract of this case on behalf of the plaintiff, and that the defendant is obligated to deliver the real estate of this case to the plaintiff and pay unjust enrichment.

B. As to who is the principal of the contract where the actor, who is a principal of the contract, was engaged in a juristic act in the name of another person, is the party to the contract. First of all, if the actor and the other party agree with each other, the principal shall be determined as the party to the contract. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, the other party shall be determined as the party to the contract.