The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. D is the mother of E and the defendant.

B. On July 30, 2012, E purchased F and G (hereinafter “instant apartment”) from H with KRW 186,50,000,000,000 from H. According to the prior title trust agreement with D, E completed the registration of ownership transfer on September 5, 2012.

C. On September 11, 2012, E entered into a lease agreement with the Defendant for the instant apartment with the term of KRW 150 million (hereinafter “instant lease agreement”) from September 25, 2012 to September 24, 2014 with the term of the lease (hereinafter “instant lease agreement”). On September 10, 2014, E renewed the said lease agreement, the lease deposit amount was KRW 170 million and the term of the lease was set at KRW 24 months.

On September 12, 2012, the defendant filed a move-in report on the apartment of this case with his family residing together with his family, and received a fixed date in each of the above lease agreements.

The Plaintiff loaned KRW 30 million to E on February 29, 2012, and KRW 130 million on July 11, 2012. On March 24, 2014, the Plaintiff concluded a mediation that “E and I shall jointly and severally pay to the Plaintiff KRW 80 million and the amount calculated at the rate of KRW 1.6 million per month from November 25, 2013 to the date of full payment.”

E. On August 23, 2016, based on the authentic copy of the above executory protocol of mediation, the Plaintiff received a claim for the amount of KRW 71,50,000,000, which is part of the principal and interest, from among the unjust enrichment return claims arising from the invalidity of the instant apartment trust agreement related to E as to E, from among the unjust enrichment return claims arising from the invalidity of the instant apartment trust agreement related to E, the Plaintiff received a seizure and collection order as to the amount until it reaches the Plaintiff’s claim, and the said order was served to D on August 26, 2016.

F. The Plaintiff filed an application for provisional attachment with the Seoggu District Court for the instant apartment with the claim against D with the claim against D, and on August 31, 2016.