A. On December 25, 2011, Nonparty C, who owned by the Defendant, operated a golf practice range (hereinafter “instant lease”), setting the lease deposit amount of 70 million won, monthly rent of 3.5 million won (excluding value-added tax), from December 26, 2011 to December 25, 2013, by setting the lease term from the Defendant to December 25, 201 (hereinafter “instant lease”).

B. The instant lease contract was terminated around December 16, 2015 by the Defendant’s notification of termination to C, and C transferred the said building to the Defendant on March 4, 2016.

C. Meanwhile, on July 7, 2016, Nonparty E, based on the authentic copy of a promissory note with executory power over C as Seoul Northern District Court 2016T by Seoul Northern District Court 2016T, issued a seizure and collection order as to KRW 30 million among the refund claims of the lease deposit of this case against C as the third party obligor. Nonparty E was served on the Defendant on July 13, 2016.

After that, on November 11, 2016, E transferred the claim based on the above seizure and collection order (hereinafter “instant claim”) to the Plaintiff, and the Defendant received a notice of assignment of claim on the 14th of the same month.

E. On June 21, 2016, C filed a lawsuit against the Defendant claiming the return of KRW 70 million,000,000,000,000,000,000,000,000,000,000,000 won of the instant lease deposit, with the court below, and the above court dismissed the claim of KRW 70,000,000 on the ground that the collection obligee has the standing to be a party, and the Defendant is obligated to return KRW 10,238,761, which deducted the overdue rent from the remainder of the lease deposit of KRW 40,00,00.

The above judgment became final and conclusive on November 29, 2018.

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

2. According to the above facts of determination as to the cause of the claim, the defendant is the transferee of the claim of this case and the complaint of this case against the plaintiff who is the transferee of this case.