2. The costs of lawsuit shall be assisted.

A. On February 7, 2011, the Defendant leased from the Intervenor’s Intervenor’s Intervenor the real estate indicated in the separate sheet (hereinafter “the apartment of this case”) as KRW 280,000,000, and the lease term from March 17, 201 to March 16, 201, the lease term of two years (which is extended once thereafter). Since around that time, the Defendant paid the said lease deposit to the Intervenor’s Intervenor and thereafter occupied the apartment of this case, it has been occupied until now.

B. On November 17, 2011, the Defendant transferred to the Plaintiff the claim to return the above lease deposit against the Plaintiff’s Intervenor, and notified the Plaintiff’s Intervenor of the assignment of the said claim.

C. On December 12, 2013, the conciliation was concluded with the purport that “The Plaintiff’s Intervenor shall pay KRW 280,000,000 to the Plaintiff along with the delivery of the instant apartment from the Defendant” in the case of the claim for acquisition money against the Plaintiff’s Intervenor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. According to the above facts of recognition, the instant lease contract was terminated on March 16, 2015, and the Defendant is obligated to deliver the instant apartment to the Plaintiff’s Intervenor upon the Plaintiff’s subrogation on the part of the Plaintiff’s Intervenor.

Accordingly, the Defendant cannot comply with the Plaintiff’s request for extradition until receiving the lease deposit claim from the Plaintiff’s Intervenor. However, as seen earlier, the Defendant transferred the Plaintiff’s claim for the refund of the lease deposit against the Plaintiff’s Intervenor, and thus, cannot exercise the right of simultaneous performance defense.

The Defendant borrowed KRW 1 billion from C in the middle of November 201, and transferred the instant claim for the refund of the deposit to the Plaintiff designated by C in order to secure this, but thereafter, C received reimbursement of KRW 1 billion and interest KRW 20 million in the loan principal.