1. The plaintiff's claims against the defendants are all dismissed.

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

1. The parties' assertion

A. Defendant B cannot be deemed to have concluded a lease agreement with the former owner of the instant real estate, or paid KRW 85,000,000 to D as the actual deposit for lease. Since D was not an owner of the right to lease at the time of the conclusion of the said contract, the Defendants did not legally possess the instant real estate.

Therefore, the Defendants, who are illegal occupants of the instant real estate, are obligated to deliver the instant real estate to the Plaintiff, and pay unjust enrichment and delay damages equivalent to the rent calculated at the rate of KRW 970,000 per month from the date the Plaintiff acquired ownership until the date the delivery of the instant real estate is completed.

B. Defendant B entered into a lease agreement with D, received the instant real estate after paying the deposit. The Plaintiff’s claim against the Defendants, who had the right to possess and use the instant real estate, may be asserted against the Plaintiff who succeeded to the lessor’s status under the said lease agreement on grounds of the said lease. Thus, the Plaintiff’s claim against the Defendants, who had the right

2. Determination

A. The facts of recognition 1) Defendant B, the spouse of Defendant C, entered into a lease agreement with D on January 2, 2002, with respect to the real estate of this case, as the buyer of this case, and KRW 75,000,000, and the period from February 21, 2002 to February 24, 2002 (hereinafter “instant contract”).

(2) Defendant B paid KRW 75,00,000 to D on February 21, 2002, and completed the next move-in report after receiving the instant real estate from D.

3) After completing the registration of ownership transfer on the instant real estate on March 14, 2002, D created a collateral with a maximum debt amount of KRW 45,900,000 with a maximum debt amount of KRW 45,90,000 to the National Bank of Korea. (4) Defendant B requested D to increase the lease deposit stipulated in the instant contract from February 2008, and paid KRW 10,000,000 to D on March 21, 2008.

5 The plaintiff on February 25, 2016 in the case of voluntary auction of real estate E in this Court.