The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On December 29, 2018, the Defendants and D entered into a lease agreement with D on the lease deposit amounting to KRW 150,000,000, monthly rent of KRW 13,000,000 (Separate Management Expenses and Additional Value Tax), and December 28, 2020, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendants entered into a lease agreement with D on the lease agreement (hereinafter “instant lease agreement”).

B. On February 22, 2019, the Plaintiff received a seizure and collection order (hereinafter “the seizure and collection order of the instant claim”) regarding the claim to return the lease deposit under the instant lease agreement that D had against the Defendants, as the debtor D, the Defendants, the claims amounting to KRW 2,509,03,695, from 2019 to 2363, and the said order reached the Defendants on February 28, 201.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion reaches the Defendants with the collection order issued by the Plaintiff, and thus, the instant lease agreement between the Defendants and D was terminated as of December 28, 2020.

Therefore, the Defendants are obliged to pay KRW 100,000,000 out of the above lease deposit to the Plaintiff, at the same time, upon delivery of the instant real estate from D, the lessee upon the termination of the instant lease agreement.

3. Determination

A. On February 22, 2019, the Plaintiff received a collection order of the instant claim with the amount of KRW 2,509,033,695 regarding the claim for the refund of the lease deposit that D had against the Defendants, and the fact that the said collection order of the said claim reaches the Defendants on February 28, 2019 is as seen earlier.

B. However, on the other hand, the deposit received in the lease of real estate is subject to the lease, such as the rent and the liability for damages caused by the loss or damage of the object.