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1. The defendant is located in Cheongju-gu E (Road Name Address: F in Cheongju-si) from an independent party intervenor.
Reasons
1. Facts of recognition;
A. On November 15, 2017, the Plaintiff is a creditor who received the payment order for G from the Gwangju District Court 2017 tea 18296 on November 15, 2017, and the Defendant is the owner of the building E (road name address: the road name address of the Cheongju-si) located in Cheongju-si, a building owner of the building located in Cheongju-si, and G is a person who operated a restaurant from the first floor of the building (hereinafter “instant store”) to the name “H restaurant” from the 2009 to the 2018.
B. Meanwhile, the Plaintiff’s decision on provisional seizure against G by the Gwangju District Court 2017Kadan52361 on the provisional seizure against claim [the third debtor: the defendant, the amount of claim: 10,000 won, and the claim for provisional seizure: the claim for return of lease deposit paid to the third debtor due to the termination, termination, or any other reason when G leases the instant store from the defendant (hereinafter “the claim for return of deposit of this case”).
(3) On January 18, 2018, when the above decision was issued and delivered to the Defendant on January 18, 2018, the provisional seizure and collection order (as to KRW 10,000,000 among the total KRW 80,000,000, the provisional seizure was transferred to the original seizure, and as to KRW 70,000,000, the provisional seizure was issued, and the seizure collection order was served to the Defendant on February 14, 2018.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Demand for principal lawsuit:
A. Inasmuch as a lessee who entered into a lease agreement with the Defendant as to the instant store asserted by the Plaintiff is G, the Plaintiff’s claim to return the instant deposit to the Defendant of G is subject to the instant collection order, as the collection obligee subject to the instant seizure collection order, terminates the lease contract and seek the payment
B. The defendant and the independent party intervenor are not more than the defendant;