1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 19, 2014, the Plaintiff prepared a contract under which C’s Housing KRW 301 (hereinafter “the instant building”) was leased with a deposit of KRW 50,000,00 (temporary payment on the contractual basis) and the period of KRW 24 months (hereinafter “the instant primary lease contract”). The term “leased” of the said contract includes the Defendant and D, and the special terms stipulate that “the said terms and conditions are the same as the amount borrowed the cash from the business operator to the business operator for the last time.” In any case, the said special terms and conditions include: “The said terms and conditions shall be null and void in entirety; and no more than one shall be claimed (a person in whose name it is agreed to recover from the date of the contract).”

B. On March 13, 2014, the instant building was registered in F’s name upon the obligee E’s subrogation application, and on May 2, 2014, the ownership was transferred under the Defendant’s name. On December 2, 2014, the Defendant completed the registration of ownership transfer on the instant building on November 25, 2014.

C. Around May 2015, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 60,000,000 (the contract amount of KRW 50,000,000, the intermediate payment of KRW 10,000,000, the intermediate payment of KRW 50,000, the intermediate payment of KRW 10,000,00) and the term of KRW 24 months (hereinafter “the instant secondary lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion (1) was that the instant building was newly constructed by obtaining a building permit under the name of DF, and the Plaintiff lent KRW 50,000,00 to I who performed the new construction of the instant building. The Plaintiff leased KRW 50,00 to I on June 19, 2014, and between I and the Defendant, the actual owner D of the instant building, and the title trustee of the instant building, the Plaintiff’s lease deposit for the instant building, as the Plaintiff’s claim against I, and I correspond thereto to D and the Defendant.