The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 14, 2013, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) against the money up to KRW 39,66,667 out of the lease deposit claims against the Defendant in Gwangju City D (hereinafter “instant house”) against Nonparty, based on an executory exemplification of the judgment rendered by the Seoul Western District Court 2013TT 652 with respect to Nonparty C, based on the Seoul Western District Court’s Seoul Western District Court Decision 2012Da22023, May 14, 2013. This was served on the Defendant on September 7, 2013.

B. On February 27, 2012, the Defendant concluded a lease agreement with a fixed term of KRW 5 million, a spouse, KRW 5 million, KRW 250,000, and one year, for the instant house.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant is obligated to return the lease deposit to C, and the plaintiff received the seizure and collection order of this case where C and the defendant were the debtor to the third debtor, and therefore, the defendant is obligated to perform the obligation to return the lease deposit to the plaintiff.

B. In order for the Plaintiff, the collection obligee, to claim the collection of the deposit to the Defendant, C must have the right to claim the lease deposit against the Defendant, and the Plaintiff must prove the existence of the monetary claim.

However, even if C had completed a move-in report at the domicile of the instant housing, according to each of the statements in the evidence Nos. 1 and 2, the Defendant concluded a lease contract with E other than C, and the Defendant is deemed to have returned 3.5 million won remaining after deducting the amount of the rent due to the termination of the lease contract with E on April 1, 2013, prior to the delivery of the seizure and collection order of the instant case. The evidence submitted by the Plaintiff alone against C.