1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

1. Following the conclusion of the judgment subject to a retrial, each of the following facts is apparent in records or obvious to this court.

After concluding a trust contract with the Plaintiff with respect to the building G-gu Busan Metropolitan Government (hereinafter “instant building”) and completing the registration of ownership transfer with respect to the said building, A Co., Ltd., which had completed the registration of ownership transfer with respect to the said building, filed a lawsuit against the Defendant for requesting the delivery of the building under Busan District Court Decision 2015Kadan403777, on the ground that the Defendant occupied and used and profit from the portion indicated in the separate sheet No. 5, 6, 7, 10, and 5 in sequence 1 of the underground 1st floor of the instant building in question without legitimate authority, and that the Defendant occupied and took over the instant building as to the instant building on the ground that the trust property belongs to the Plaintiff during the proceeding of the first instance trial.

On January 25, 2017, the court of first instance rendered a judgment dismissing all of the plaintiff's claims.

B. After filing an appeal with the court No. 2017Na42200, the Plaintiff withdrawn the part on the claim for delivery of the instant building, added a claim for damages due to a tort by the primary claim, and changed the claim for return of unjust enrichment equivalent to the monthly rent in the first instance trial to the preliminary claim.

Meanwhile, the Defendant filed a counterclaim against the Plaintiff, claiming that the lease contract on the instant building was terminated by the first instance trial prior to the retrial, as the court 2017Na45629, claiming for the payment of lease deposit and damages on the basis of tort.

C. Prior to the trial, the first instance court dismissed the Plaintiff’s principal claim in its entirety, and sentenced to the judgment that partly admitted the Defendant’s counterclaim (hereinafter “the judgment on retrial”). The Plaintiff appealed against the judgment (Supreme Court Decision 2018Da221287, 2018Da221294, 201). However, the Supreme Court dismissed the appeal by a judgment of non-exclusive trial on June 15, 2018, and the said judgment was served on the Plaintiff on June 21, 2018.

The plaintiff.