2. The costs of the lawsuit are assessed against the defendant.

A. On October 28, 2011, the Defendant leased the buildings listed in the separate sheet from the Korea National Housing Corporation as KRW 16.5 million, monthly rent of KRW 184,00, and the lease period from August 25, 2012 to October 31, 2014.

(hereinafter referred to as “the lease of this case”) B.

On August 17, 2012, the Defendant: (a) borrowed KRW 12.5 million from the Plaintiff to secure the said loan; (b) transferred the Plaintiff’s claim for refund of deposit deposit amounting to KRW 16.5 million under the instant lease agreement to the Plaintiff on July 27, 2012; and (c) notified the Korea National Housing Corporation of the said transfer on July 31, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the above facts, the lease of this case terminated on October 31, 2014, and the defendant is obligated to deliver buildings listed in the separate sheet, which are leased objects, to the Korea Land and Housing Corporation, and the plaintiff can exercise the right of subrogation of the Korea Land and Housing Corporation's right of delivery in order to preserve the claim for refund of rental deposit against the Korea Land and Housing Corporation acquired from the defendant.

B. The purport of the Defendant’s assertion lies in the purport that the Defendant received a decision to commence individual rehabilitation on May 13, 2013 from the Suwon District Court 2012 Session 100860, and received a decision to authorize a repayment plan on October 10 of the same year, and the Plaintiff also included in the list of creditors in the above individual rehabilitation procedure. As such, the Plaintiff’s right to separation of claims cannot be acknowledged, and as long as the Defendant received a repayment of debt according to the draft repayment plan, double repayment or unjust enrichment may arise.

The plaintiff, who received only the lease deposit, can not exercise the right of preferential payment under the Housing Lease Protection Act. However, the debtor rehabilitation and bankruptcy is performed as a mortgagee for the lease deposit return claim with the transfer of the lease deposit.