2. Attached Form 2 between the Plaintiff (Counterclaim Defendant) and C (D).

A. On August 29, 2013, E, a lessee of a building indicated in the attached Table’s real estate indication (hereinafter “the apartment of this case”), transferred the right to lease of the apartment of this case to C with the consent of the relevant Green City Construction Co., Ltd., a lessor, the lessor, with the consent of the said Green City Development Co., Ltd. (hereinafter “Lease”).

B. On January 10, 2015, the Defendant entered into a sub-lease contract with C, a lessee, to set the sub-lease deposit at KRW 150 million with respect to the apartment of this case, and thereafter occupies the apartment of this case by paying the said deposit to C.

However, the lessor did not obtain the consent.

C. The Plaintiff is F’s creditor, who is the former spouse of C, and was transferred the ownership of the building G on the ground of Gangseo-gun G owned by C from November 9, 2015, and thereafter acquired the right to lease of the instant apartment from C with the consent of the lessor on April 22, 2016.

(hereinafter referred to as the “instant lease transfer contract”) / [the grounds for recognition] / Without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 2 (including additional numbers), Gap evidence No. 5, Gap evidence No. 9, Eul evidence No. 3, the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion on the main lawsuit asserts that the plaintiff is obligated to deliver the apartment of this case to the plaintiff, since the tenant of the apartment of this case is exercised by subrogation of the lessor's right to return the apartment of this case to the defendant in order to preserve the right to lease against the landlord.

B. The defendant's assertion as to the counterclaim is that the contract for the transfer of the right of lease of this case concluded between C and the plaintiff as to the claim of the principal lawsuit is a fraudulent act detrimental to the defendant, who is the creditor holding the claim for the refund of deposit amount of KRW 150 million against C, and thus, the contract is revoked through the counterclaim of this case.

3. Determination

(a)in respect of a creditor subrogation suit, the obligee to be compensated by subrogation;