The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On January 27, 2016, with respect to the real estate listed in the separate list on the ownership of real estate (hereinafter “instant real estate”), the ownership in the name of C was changed, and the registration for the transfer of the name of D corporation was completed on January 29, 2016 by the trustee due to the trust on January 29, 2016. On October 28, 2019, E acquired the ownership of the instant real estate, and on October 28, 2019, E acquired the ownership of the instant real estate, and subsequently, on October 28, 2019, completed the ownership prior to the trust held in the name of the Plaintiff.

B. On March 1, 2019, the Defendant: (a) entered into a lease agreement with C, a trust administrator of the instant real estate, with respect to the instant real estate; (b) from March 1, 2019 to February 28, 2021; (c) there was no deposit; and (d) monthly rent of KRW 1.6 million with D Co., Ltd., a trustee of the instant real estate at the time of the said lease agreement and FF associations agreed to the said lease agreement.

The defendant is currently running a business after completing the registration of the business in the real estate of this case.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant made a lump sum payment for two years of monthly rent when entering into a lease agreement with the truster prior to the real estate of this case, and that the former trustee and the first beneficiary agreed to obtain monthly rent in accordance with the lease agreement of this case.

Since it cannot be seen that the Defendant’s monthly rent cannot be set up against the trustee, etc., and the Defendant did not pay the monthly rent after the Plaintiff acquired ownership, and thus the Defendant’s lease contract is terminated on the grounds of three or more years of arrears. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return KRW 1.6 million per month of the rent to the Plaintiff as unjust gains until the delivery is completed.

3. The conclusion of a lease agreement between Co., Ltd. and the Defendant.