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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 8, 2008, the Defendant entered into a lease contract, etc. between B and the Defendant (hereinafter “instant building”) between B and B on July 8, 2008, the Defendant’s number D and 103 of the Ilyang-dong, Ilyang-gu (hereinafter “instant building”).
A) B entered into a real estate monthly lease agreement with the content that the lease deposit is KRW 20 million, monthly rent of KRW 550,000,000 for a period from July 31, 2008 to 24 months. 2) The Defendant, thereafter, entered into an amendment agreement with the content that the lease term on August 15, 201 shall be extended to July 31, 201 and the monthly rent shall be increased to KRW 620,00,00,000, respectively.
3 The defendant receives a request from B on July 30, 2014 to change the lessee from B to C, which is the son of B, and the same year.
7. On July 30, 2016, between C and C, a real estate monthly rent contract with a term of KRW 20 million for the instant building, monthly rent of KRW 620,000 for the instant building, and the term of lease from July 31, 2014 to July 30, 2016 (hereinafter “instant real estate monthly rent contract”) was entered into with C, and entered into a modified contract with the term of lease until July 30, 2017.
B. 1) Upon the Plaintiff’s request, the Plaintiff filed a lawsuit against B and E seeking restitution of unjust enrichment under Article 2014da70682, 1). On November 23, 2015, the said court rendered a ruling of recommending reconciliation that B and E jointly pay 45 million won to the Plaintiff in two installments. The said ruling of recommending reconciliation became final and conclusive on December 23, 2015. 2) The Plaintiff thereafter filed an application for the attachment and collection order with the Defendant as the Defendant under Article 2016TT 3247, 201, 2016, 203, 2016, 2016, 2016, 33247, with the Defendant as the High Government District Court, and on July 15, 2016, the said court seized the amount equivalent to KRW 48569,178, out of the lease deposit the Defendant with respect to the instant real property.