1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 18, 2013, the Defendant: (a) from C around April 18, 2013, the 390.85 square meters (120 square meters) on one floor among buildings with D ground living facilities in Busan-gu, Busan-do (hereinafter “instant building”).

(B) E purchased the instant real estate from C on December 28, 2013, and completed the registration for transfer of ownership on March 17, 2014.

3) The Defendant did not pay the monthly rent of ten months under the above lease agreement. (B) The instant lawsuit No. 1) E filed a lawsuit claiming payment of unjust enrichment equivalent to the rent from March 17, 2014, when acquiring ownership against the Defendant, to the completion date of delivery of the instant building (this Court Decision 2014No. 21896), and the said court rendered a judgment accepting the Plaintiff’s claim on May 7, 2015, and the said judgment became final and conclusive on May 23, 2015.

2) “E separately filed a lawsuit against the Defendant claiming the delivery of the instant building on the ownership basis (this Court Decision 2014Da216603), and the court of first instance rendered a judgment accepting the Plaintiff’s claim on January 15, 2015. The Defendant appealed. However, the appellate court rendered a judgment dismissing the Defendant’s appeal on June 26, 2015 on the ground that the lease agreement between the Defendant and C is not governed by the Commercial Building Lease Protection Act, and it cannot be deemed that the Plaintiff succeeded to the lessor’s status. The foregoing judgment became final and conclusive on July 16, 2015. (c) On April 21, 2014, the Plaintiff became final and conclusive as the Plaintiff’s claim for construction price claim against C on April 21, 2014, and received the second rent that occurred in the future, return of unjust enrichment and claim against C from the Defendant under the lease agreement described in paragraph (a) against C, and received a decision of considerable amount of 3014.281.4

2..