The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff’s claim for return of unjust profits related to B filed an application with this court for payment order against B seeking a payment of 89 million won for unjust profits and losses for delay, and this court shall pay B to the Plaintiff until July 31, 2019, as of June 17, 2019.

If the defendant delays the payment of the above amount, he/she made a compulsory adjustment order that the remaining amount after deducting the amount paid at KRW 89 million shall be paid with 12% interest per annum from August 1, 2019 to the date of full payment. The above compulsory adjustment order was finalized on July 6, 2019.

B. B’s provisional attachment and assignment order 1) The Plaintiff filed an application for provisional attachment against B and C’s obligor, the Defendant, and the claim amount as KRW 100 million with a view to preserving the above unfair benefit refund claim. On April 8, 2019, the Plaintiff issued a provisional attachment order against B’s Defendant on the Seoul Yeongdeungpo-gu Seoul Metropolitan Government apartment D’s deposit return claim against B (Provided, That the remaining amount excluding the amount of preferential repayment pursuant to Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act) on the provisional attachment order against the Defendant on April 12, 2019. The provisional attachment order was served on the Defendant on April 12, 2019.

2) On August 28, 2019, the Plaintiff made the enforcement title of the instant compulsory adjustment order, and the obligor B and C are the Defendant, the claim amounting to KRW 97,673,190 from this Court (other than 2019 to 8190) and received an order for the attachment and assignment of the claim (hereinafter “instant attachment and assignment order”) from the Defendant, the claim amounting to KRW 97,673,190. The instant attachment and assignment order was served on the Defendant on September 2, 2019, and was finalized on September 17, 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 4 through 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that “The above C Apartment D” lease contract (hereinafter, e.g., the Plaintiff’s assertion).