The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On September 17, 2010, the Defendant leased to C a store of 19.8 square meters on the 1st floor of the building in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant store”) with a deposit of 15 million won, 700,000 won per month (payment on the 7th day of each month), and 700,000 won from October 7, 2010 to October 6, 2012.

(hereinafter “instant lease”). B.

On May 15, 2013, the Plaintiff was decided to provisionally seize the claim for the repayment of the lease deposit of this case with the loan amounting to KRW 52 million against C as the preserved right (Seoul Central District Court 2013Kadan48450, hereinafter “instant provisional seizure”), and this decision was served on the Defendant on May 21, 2013.

C. Accordingly, the Defendant terminated the instant lease agreement with C on May 27, 2013, and ordered C to pay KRW 13,300,000,000 after deducting C’s overdue rent from KRW 15,000,000,000 for the instant lease deposit.

C transferred 13.3 million won to the Plaintiff on May 27, 2013.

On March 28, 2014, the Plaintiff filed a lawsuit against C seeking the above loan, and rendered a judgment on March 28, 2014 that “C shall pay 34 million won to the Plaintiff and delay damages therefrom” (Seoul Central District Court Decision 2013Da214954, Seoul Central District Court Decision), and this judgment was finalized on April 18, 2014.

E. Based on the final judgment indicated in paragraph (d), the Plaintiff received a provisional seizure and a collection order (hereinafter “instant collection order”) from the Seoul Central District Court 2014TTTT25717 to KRW 38,126,436, out of the claims to return the lease deposit of this case. This order was served on the Defendant on September 18, 2014.

F. C, on April 23, 2015, the Seoul Central District Court rendered a decision to grant immunity on the Plaintiff’s claim for the foregoing judgment (hereinafter “instant decision to grant immunity”) and became final and conclusive around that time. Accordingly, the Seoul Central District Court rendered a decision to provisionally seize the instant claim against the Defendant on September 9, 2019.