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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s ground of the Plaintiff’s claim holds 321,196,836 won and damages for delay with respect to “E” on the ground of Ulsan-gu D (hereinafter “C”) (hereinafter “instant land”). C entered into a lease agreement with the Defendant on the instant land owned by the Defendant, and C holds the Defendant’s claim for restitution of unjust enrichment due to the termination of the said lease agreement, claim for reimbursement of expenses, claim for reimbursement of expenses, claim for attached expenses, and claim for damages against the Defendant. Therefore, the Plaintiff, on behalf of insolvent C, seek payment of the above claim against the Defendant by subrogation of the Defendant.
Therefore, the defendant is obligated to pay the above KRW 321,196,836 to the plaintiff.
B. According to the overall purport of evidence Nos. 2 and 3 (including each number), and the entire purport of the pleading, judgment Nos. 2 and 3 (including each number), it is recognized that the Plaintiff holds the claim against C, as alleged by the Plaintiff, but there is no evidence to acknowledge whether C owns the claim against the Defendant, as alleged by the Plaintiff.
Rather, according to the evidence evidence evidence Nos. 1 through 8, the above court rendered a ruling on May 29, 2019 to remove all the buildings and obstacles on the land of this case and deliver the land of this case to the defendant in the lawsuit against Ulsan District Court 2018Gadan63626, Ulsan District Court 2018. C, on the premise that the above ruling became final and conclusive through the appellate court (Ulsan District Court 2019Na13070) and the defendant filed a lawsuit seeking rent and return of unjust enrichment against C as Ulsan District Court 2020Gahap11533, July 7, 2020, under the premise that C and the defendant did not have any claim against C under the lease agreement on the land of this case between C and the defendant as of August 31, 2020.