1. The plaintiff's claim is dismissed.

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

1. The Plaintiff is an owner who completed the registration of ownership transfer on September 19, 2006 with respect to the real estate listed in the attached list (hereinafter “instant apartment”). The Defendant occupied and used the instant apartment after moving into the instant apartment on May 18, 2017 with the Plaintiff’s birth.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion entered into a lease agreement with the Defendant, who is the birthee, to receive the lease deposit amounting to KRW 19.5 million and monthly rent of KRW 8.5 million, without setting the lease term with respect to the instant apartment. The Defendant did not fully pay the rent.

Since the Plaintiff notified the Defendant to deliver the apartment of this case several times on the grounds of the unpaid rent, the instant lease agreement was terminated.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay the unpaid rent and unjust enrichment equivalent to the rent.

B. According to the records of evidence Nos. 3 and 5, it is recognized that the Defendant sent text messages to the Plaintiff on May 19, 2017, stating that the Plaintiff paid KRW 19.5 million to the Plaintiff on May 19, 2017, and that the Plaintiff sent text messages to the Defendant on January 2, 2018, and that the Plaintiff paid KRW 8.5 million to the Defendant from January 2, 2018.

However, the following circumstances recognized in light of the above facts, Eul evidence Nos. 8 and 9, and the purport of the whole pleadings, namely, ① the plaintiff and the defendant are South Korea, and the apartment of this case seems to have been managed by the above C, such as entering into a lease contract as the plaintiff’s mother C's agent, the receipt of a lease deposit, etc. ② There was no document of disposal, such as the lease contract, which can prove that the lease contract has been concluded between the plaintiff and the defendant, and ③ the apartment of this case.