1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is the owner of the land of 30,627 square meters in Busan Young-gu (hereinafter “instant forest”).

B. Of the instant forest land, the temple called “E” is located in the part of 1,150 square meters among the instant forest land. Among the parts attached to the temple, it is registered as the temple owned by each of the Defendant as 4.8 square meters, such as jurogate, tent, and 84.18 square meters for the instant forest ground structure, 84.18 square meters for the instant land structure, 84.18 square meters for the instant land structure, 150 square meters for the 1,150 square meters, and 44.8 square meters for the instant land structure and H block structure and 44.8 square meters for the instant land structure.

다. 피고는 당시 E 주지인 C을 상대로 이 사건 임야와 E 각 사찰부속건물(별지 도면 표시 ㉮ 내지 ㉳ 부분을 포함한 부분, 이하 ‘이 사건 건물’이라 한다)에 관하여 임대차계약 기간이 만료되었음을 원인으로 한 건물명도 소송을 제기하였고, C은 위 소송에서 피고의 부당한 임대차계약 갱신거절을 사유로 손해배상 소송을 제기하였다.

In the above lawsuit, the court ordered C to pay the lease deposit of KRW 10 million to the Defendant and deliver the instant building to the Defendant at the same time, and the above judgment became final and conclusive.

[Supplementary District Court Decision 2002Da20935 delivered on Jan. 6, 2004, 2003Da6110 delivered on Feb. 17, 2004, Busan District Court Decision 2004Na2035 delivered on Dec. 17, 2004, 2004Na204Na2042 delivered on Apr. 14, 2005, Supreme Court Decision 2005Da7658 delivered on Apr. 14, 2005, 2005Da7665 delivered on Apr. 265, 2005, hereinafter "the final judgment of this case").

On July 27, 2011, the Plaintiff entered into a construction contract with the public official of E and E with the construction cost of KRW 140 million as the introduction of C on July 27, 201, and carried out flood restoration work (hereinafter “instant flood restoration work”).

On April 7, 2015, the Plaintiff received a payment order against I and C for the remainder of KRW 69,400,000 and delayed payment from the proceeds of the flood disaster restoration in this case, and the said payment order on April 25, 2015.