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 representative of D, an executor in charge of the construction and sale of a new building in the Yeongdeungpo-gu Seoul Metropolitan Government C building.

B. On January 8, 2015, the Plaintiff sold to E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) the buildings listed in the F and the attached list (hereinafter referred to as “instant building”) among the above C building to KRW 840,497,152 in total the sale price (i.e., KRW 210,136,373 in the instant building, KRW 630,360,79 in which the sale price was KRW 210,136,373 in the instant building), and received from Nonparty Company the payment of KRW 30 million in the down payment on the day of the said contract, and KRW 470,000 in the intermediate payment on January 16, 2015, respectively.

C. Around March 2015, prior to the payment of the remainder, Nonparty Company was transferred the possession of the instant building from the Plaintiff.

After that, on April 10, 2015, the Plaintiff entrusted the above two buildings to G Co., Ltd., and completed the registration of ownership transfer for the above two buildings in the future of the said company. On August 2015, G Co., Ltd and the non-party Co., Ltd. drafted a new real estate sales contract for the above two buildings.

E. Meanwhile, around January 15, 2015, Nonparty Company leased the instant building to the Defendant, and the Defendant operates H hospital in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is the actual owner of the instant building. Since the Nonparty Company illegally sublets the instant building to the Defendant without the Plaintiff’s consent in violation of the sales contract for the said building and occupied the said building without permission, the Defendant is obligated to deliver the instant building to the Plaintiff, and to return the amount calculated by the rate of KRW 131,840,000 for the period from May to December 30, 2017 and the amount equivalent to the rent for 32 months from January 30, 2018 to December 30, 2017 as unjust enrichment.

B. According to the judgment of the court below, Gap evidence No. 2, the plaintiff and the non-party company.