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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 24, 2008, the registration of ownership transfer was completed in the Plaintiff’s future on the ground of sale with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).
B. However, from January 30, 2005 to February 29, 2007, the Defendant, together with his family, occupied and used the instant apartment from February 25, 2006 to September 25, 2007, paid to the Plaintiff KRW 65,00,000 per month average from December 27, 2007 to April 28, 2010, and KRW 60,000 per month from May 28, 2010 to February 29, 2012.
【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 19 (including virtual numbers; hereinafter the same shall apply), Eul Nos. 11 and 12, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff, as the owner of the instant apartment, entered into a lease agreement with the Defendant explicitly on July 13, 2007, by entering into a contract for sale and purchase of the said apartment. Around that time, the Plaintiff received monthly rent of an amount equivalent to KRW 600,000 per month from February 29, 2012, and the lease agreement was terminated on May 29, 2012. As such, the Defendant is obligated to deliver the instant apartment to the Plaintiff and pay the Plaintiff the amount of unjust enrichment equivalent to monthly rent of KRW 600,000 per month from March 1, 2012.
B. On January 28, 2005, the defendant's wife, purchased the apartment of this case from the Sungbuk Market Co., Ltd. (hereinafter "Seongbuk Market"), the 12th floor size of the building including the apartment of this case on January 28, 2005, and thereafter the defendant and the defendant's family live in the apartment of this case since that time. On December 2007, the defendant borrowed the plaintiff's husband D with a total of KRW 90 million from the plaintiff's husband D with a total of KRW 18 million, including the remaining debt of KRW 100,000,000,000,000 from the registration expenses, and agreed to trust the plaintiff with the ownership of the apartment of this case in order to secure the debts of KRW 18,00,000,000,000,00