제3자이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for this part of the reasoning is as follows, and this part of the reasoning is identical to the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 2 of the judgment of the first instance court, " 803" in Part 6 is deemed to be " 803 (hereinafter "the real estate of this case")".
Part 2 of the judgment of the first instance is the "joint lessee" in Part 8 of the judgment of the first instance as the "joint lessee".
2. The parties' assertion
A. The Plaintiff’s assertion 1) B merely stated the instant lease contract as the joint lessee with the Plaintiff due to the issue of move-in report, but it was not the actual lessee, and the Plaintiff’s only falls under the sole lessee, and thus, the seizure and collection order of this case should be denied as compulsory execution against the Plaintiff’s property (right to return the lease deposit) as the third party. 2) Even if the joint lessee is a joint lessee, since the joint lessee’s claim for return of the lease deposit is a divided claim, the portion exceeding KRW 1/2 of the claim for return of the lease deposit out of the instant seizure and collection order of this case exceeds KRW 50 million should be rejected as compulsory execution against the
B. The Defendant’s assertion 1) B concluded the instant lease agreement with the Plaintiff as a joint lessee. As such, the instant seizure and collection order is justifiable, and the joint lessee’s claim for return of deposit for lease is indivisible, and the Plaintiff’s assertion is without merit. 2) Even if B is not a joint lessee, the part of the instant lease agreement entered as a joint lessee is invalid as a false declaration of conspiracy. Thus, the Defendant should be protected as a third party of false declaration of conspiracy.
3. Determination
A. The Plaintiff, who is the sole lessee, is the sole lessee under the instant lease agreement, and thus, the instant seizure and collection order is issued.