1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 20, 201, the Defendant leased the instant building D (hereinafter “instant building”) to C by setting the lease deposit amount of KRW 85 million from March 3, 2011 to March 3, 2013, the lease deposit was increased by KRW 90 million on November 20, 2014, and the lease contract was concluded between December 11, 201 and December 10, 2016 (hereinafter “lease”).

B. On June 2015, the Defendant: (a) made the instant lease agreement, its content, and its preparation date, with the name of the lessee on the instant building as the Plaintiff; and (b) made a receipt for KRW 90 million as to the lease deposit (hereinafter “the instant receipt”) to the Plaintiff; (c) written the same lease agreement, its content, and its preparation date.

C. Meanwhile, the Busan District Agricultural Cooperative, a creditor of C, filed an application for provisional seizure against C’s claim of KRW 27,198,620 among the lease deposit claims of this case against the Defendant, and the claim provisional seizure (hereinafter “provisional seizure against claim of this case”) was decided on May 11, 2016 by the Incheon District Court Branch Branch Decision 2016Kadan734, and around that time, the original copy of the decision was served on the Defendant.

Since then C delivered the instant building to the Defendant upon the termination of the lease of this case. The Defendant, according to the third party agreement with the Plaintiff and C, paid to the Plaintiff KRW 9 million on June 25, 2016, and KRW 53,801,380 on July 30, 2016, respectively, as the refund of lease deposit, and the remainder KRW 27,198,620 on the provisional seizure of the instant claim was settled.

E. On August 8, 2016, the Defendant deposited KRW 27,198,620, which was a gold 2098 from the Incheon District Court Branch of the Incheon District Court, on the ground of the provisional seizure of the instant claim.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, Gap evidence 4, 6, 9, 12, 14, 16, Eul evidence 1 through 4, 6, 8, and 10, each of the statements and arguments.