A. The Plaintiff leased KRW 130,000,00 from Nonparty C the real estate indicated in the separate sheet (hereinafter “instant real estate”) in KRW 130,000,00, and did not refund the said deposit upon leaving around July 31, 2013.

B. On January 29, 2014, the Defendant entered into a sales contract with C on the part (hereinafter “the instant aggregate building”) excluding the 101, 102, and 2nd floor among the G buildings located in Nam-si, Gyeonggi-do, an aggregate building in which the instant real estate belongs, D, E, and F [the 1,37,000,000,000 won out of the above sales price, and the Defendant succeeds to the lessor’s status against the existing lessee in lieu of the payment of KRW 637,00,000 among the above sales price, since the Plaintiff already returned the instant real estate, the Defendant agreed to pay KRW 130,000,000 to C at the time of leasing the instant real estate.

C. Upon entering into the above sales contract, C returned KRW 60,000,000, out of the above lease deposit of KRW 130,000,000 to the Plaintiff. On August 13, 2016, C transferred the claim for remainder of KRW 70,000 out of KRW 130,000,00 to be paid by the Defendant at the time of leasing the instant real estate, and the Plaintiff notified the Defendant of the assignment of the said claim on behalf of C on September 9, 2016, and thereafter, the said notification was delivered to the Defendant.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, the testimony of the witness C, and the purport of the whole pleadings

2. Determination

A. In full view of the testimony of the witness C, even though there is no defect to the extent that the lease of the instant real estate was impossible, the Defendant did not pay the purchase and sale balance by the filing date of the instant lawsuit for the reason that C embezzled value-added tax amount due to the sale of the instant aggregate building, and the Defendant did not lease the instant real estate by the filing date of the lawsuit.