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 parties' assertion

A. The Plaintiff’s assertion C entered into a lease agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) and paid the lease deposit to the Defendant.

D On April 3, 2013, with respect to KRW 120,000,00 among the claims for the return of the lease deposit against the Defendant by C, the Seoul Southern District Court issued a collection order as Seoul Southern District Court 2013TT 6165, and the above order was served on the Defendant, the garnishee, on April 10, 2013.

On April 22, 2013, the Plaintiff received from D the claim for the refund of deposit equivalent to KRW 120,000,000 that D would receive from the Defendant under the above order. Around that time, D notified the Defendant of the transfer of the deposit by content-certified mail.

Accordingly, the plaintiff who is the transferee seeks payment of KRW 100 million out of the collection amount and damages for delay to the defendant who is the garnishee.

B. On January 19, 2016, the Defendant alleged that the instant real estate was sold to Kukex Co., Ltd., and thereafter the registration of ownership transfer was completed in the name of Kuuex, Co., Ltd., and at the time of concluding a sales contract, the buyer agreed to succeed to the lessee’s obligation to return the lease deposit. As such, the Defendant did not have any obligation to comply with

2. According to the purport of the evidence No. 4 and the entire pleadings, the Defendant entered into a sales contract with C&T on January 19, 2016 by setting the purchase price of KRW 890,000,000 with respect to the instant real estate. At the time of the said contract, the purchaser agreed to succeed to the lessee’s obligation to return KRW 520,000,000 at the time of the said contract, and on February 23, 2016, the ownership transfer registration in the name of C&T was completed.

Article 3 (4) of the Housing Lease Protection Act provides that the transferee of a leased house shall be deemed to succeed to the status of the lessor, and this shall be deemed to be the regulations on the rightful succession of law, so the leased house is a leased house.