1. Defendant C shall deliver to Defendant D the real estate listed in the separate sheet.

2. The Defendant D is from Defendant C the above paragraph 1.

Facts of recognition

On June 17, 2016, Defendant C leased the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from Defendant D by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 400,000,000 from July 13, 2016 to July 12, 2018.

(hereinafter referred to as “instant lease agreement.” On May 17, 2017, the Plaintiff acquired KRW 8 million from Defendant C of the instant lease deposit from Defendant C, and on September 1, 2017, upon delegation of the authority to notify the transfer from Defendant C of the said assignment, notified the lessor of the said assignment of the said assignment of claims, and the said notification reached Defendant D of September 4, 2017.

[Ground of recognition] Defendant C: (a) the absence of dispute; (b) each entry in Gap evidence Nos. 1 through 3 (including the number of branch offices); and (c) the purport of the whole argument as to the defendant D: The above fact of recognition as to the claim against defendant C; (c) according to the fact of recognition as to the confession (Article 150(3) and the claim against the defendant C, the instant lease agreement between the defendants terminated on July 12, 2018.

The plaintiff, a transferee of the right to return the lease deposit of this case, can seek a delivery of the real estate to the defendant C by subrogation as a lessor's exercise of the right of subrogation for the preservation of the transfer deposit. Thus, unless there are special circumstances, the defendant C is obliged to deliver the building of this case to the defendant D.

As to this, Defendant C asserts that the term of lease has been extended by July 11, 2020, by entering into a re-contract on the instant lease agreement, the Plaintiff’s claim is groundless.

According to the evidence No. 1, the Defendants determined that the instant real estate is the same lease deposit and the same rent as the instant lease contract with respect to the instant real estate on January 12, 2019, and concluded a lease contract with the term of lease from January 12, 2019 to July 11, 2020.

However, the lessor is notified of the transfer of the lease deposit claim between the lessor and the lessee.