1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is the father of C, and the defendant is the wife of C, and the plaintiff and the defendant are the wife of Si and Si.

On September 1, 1995, the defendant married with C on September 1, 1995, and had 1 South son and female children between them.

B. On April 17, 2015, the Defendant leased a shop located in Daegu-gu E (hereinafter “instant store”) from D during the period from April 17, 2015, with a lease deposit of KRW 10 million, KRW 700,000 per month, and period of lease from April 15, 2015 to April 14, 2017, and operated beauty rooms at the said store thereafter.

(hereinafter “instant lease agreement”). C.

At the time of entering into the instant lease agreement, the Defendant received KRW 25 million from the Plaintiff and paid KRW 10 million for the lease deposit and KRW 15 million for the premium under the said lease agreement.

On the other hand, due to conflict with C, the Defendant filed a lawsuit of divorce, etc. against C on March 9, 2016. By October 31, 2017, a decision in lieu of conciliation, including the content that the Defendant and C separate from each other and maintain legal marital relations, became final and conclusive.

(The Daegu Family Court 2016ddan2682, hereinafter referred to as the "Divorce"). (e)

At the time of filing a divorce lawsuit against C, the Defendant had a beauty room operated at the instant store.

F. On September 9, 2016, when the lawsuit of this case was pending, the Plaintiff received the original of the instant lease agreement from the Defendant on September 9, 2016, and received 4 million won in total from the lessor D, deducting the overdue rent from the lease deposit, and 8 million won in premium.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. The defendant's judgment on this safety defense has requested the plaintiff (to lease the store of this case to another person and collect the premium from a new lessee) to deliver the original of the lease contract of this case, and to the defendant.