1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On April 8, 2016, the Plaintiff entered into a lease agreement with Defendant B on the instant store owned by the Plaintiff with a deposit amount of KRW 20 million, monthly rent of KRW 1.8 million, and the lease period of the instant store until April 26, 2018.

B. Defendant B was indicted from January 26, 2017 to February 8, 2017 for committing the crime of running a sexual traffic business establishment from around January 26, 2017, and the Plaintiff was indicted for committing the crime of providing the instant store to Defendant B with awareness of the provision of sexual traffic.

C. On April 12, 2017, the Plaintiff entered into a lease agreement with Defendant C on the instant store with a deposit of KRW 20 million, monthly rent of KRW 2.2 million, and lease term of April 11, 2019 (hereinafter “instant lease agreement”). At the time, the Plaintiff and the Defendant C entered into a special agreement with the following: “The lessee may not use the instant store for other purposes (such as gambling place, commercial sex acts place, entertainment place, etc.), and the lessor may terminate the contract immediately when the lessee violates and is discovered.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendants asserted that the Plaintiff continued to operate the instant store after being delivered with the instant store in accordance with the instant lease agreement. The Plaintiff’s delivery of a copy of the instant complaint to the effect that the instant lease agreement is terminated.

Therefore, the Defendants jointly and severally delivered the instant store to the Plaintiff, and have a duty to return unjust enrichment equivalent to the rent of KRW 2.2 million per month from the day after the delivery of the copy of the instant complaint to the day after the delivery of the copy of the instant complaint is completed.

B. We examine the judgment, and there is no evidence to acknowledge that the Defendants jointly operate a sexual traffic establishment at the instant store after the instant lease agreement.