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1. The Defendant’s delivery from the Plaintiff of the Dongjak-gu Seoul Metropolitan Government C Apartment 104 Dong 406, as well as 330,000.
Reasons
1. Facts of recognition;
A. On May 19, 201, the Plaintiff (Divers) and the Plaintiff’s Li E (F) jointly leased the Defendant’s (hereinafter “instant apartment”) 104 dong 406 (hereinafter “instant apartment”) for KRW 300 million from the Defendant, jointly leased the Defendant’s KRW 104 dong 406 (hereinafter “instant apartment”).
7. 25. After completing a move-in report, he/she resided in the above apartment.
B. On September 10, 2013, the Plaintiff and E concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant to extend the deposit amount to KRW 330 million with the said apartment to KRW 330 million and to extend the lease period to September 10, 2015.
C. Meanwhile, on January 14, 2014, H, the Plaintiff’s creditor of Chokdong G, issued a collection and seizure order (Seoul Central District Court 2014TTTT 613; hereinafter “instant claim seizure and collection order”) with the amount of the lease deposit that G (debtor) paid to the Defendant (third obligor) for the lease of the instant apartment from the Defendant, until it reaches that claim. The said order was served on the Defendant on the 18th of the same month, and on February 13, 2014, respectively.
Accordingly, G filed a complaint against the above order by asserting that the above order of seizure and collection was null and void since it did not have the right to enter into a lease contract with the defendant. However, on May 1, 2014, G filed a complaint against the above order on the ground that it does not constitute grounds for objection against the decision of seizure and collection order (Seoul Central District Court 2014Ra263).
E. E dies on May 22, 2015, and the Plaintiff was the same year before the expiration date of the instant lease.
8. 20. Around November 14, 2014, drafted between E and the Plaintiff, the Defendant requested the Defendant to return the deposit by disclosing that no intention of renewal of the lease was made, along with the gift agreement signed between E and the Plaintiff (if either of the two persons dies first, the lease deposit is to be donated to his/her survivors).
F. On September 8, 2015, the Defendant is against the Plaintiff.