1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 7, 2012, the Plaintiff sold KRW 7,730,00,00 to the Defendant for KRW 7,730,000,000 of Seoul Songpa-gu and C ground D buildings. The Plaintiff agreed to pay KRW 3,400,000 for intermediate payment on the contractual day, and KRW 3,400,00 for intermediate payment on December 24, 2012, and KRW 3,57,00,00 for remainder payment on January 4, 3013.

B. Of the first floor of the said D building, the lease deposit amounting to KRW 50 million between the Plaintiff and Nonparty E, monthly rent of KRW 3.2 million (excluding value-added tax), and management expenses incurred under a lease agreement held at E. However, the Defendant agreed to accept the said lease agreement and reduced the Plaintiff’s KRW 50,000,000 out of the said sales balance, and the Plaintiff delivered the said D building to the Defendant on January 4, 2013 after receiving the said balance.

C. On December 20, 2012, the Plaintiff filed a lawsuit on the delivery of a building against E on the grounds of the delinquency in rent, etc. (Seoul Eastern District Court 2012Da70983), and on May 2013, 2013, the Defendant participated in and proceeded with the lawsuit as the Plaintiff’s successor, and obtained a favorable judgment on June 21, 2013.

E The rent, management fee, and management fee in arrears to the Plaintiff from April 2012 to December 2012 are KRW 30,457,192 in total.

E. From Jan. 2013 to Jun. 2013, 2013, E, the sum of rent and management expenses in arrears to the Defendant is KRW 33,278,760, and the Defendant deposited KRW 16,721,240, which was deducted from the above KRW 50,00,000, and the remainder of KRW 16,721,240, which was deducted from the above KRW 50,00,00, on the ground of the provisional seizure, etc. of claim by Seoul Eastern District Court

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

2. The gist of the Plaintiff’s assertion was that the Defendant acquired the lease of E and received the balance remaining after deducting KRW 50 million from the deposit for lease. The Defendant deducted KRW 30,457,192, such as the overdue rent, etc. that the Defendant incurred to the Plaintiff from the deposit for lease. As such, the said money is a gain that the Defendant acquired without any legal cause, and the Defendant should return it to the Plaintiff as unjust enrichment.