1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Facts of recognition

On October 2, 2015, the Defendant entered into a lease agreement with CC Co., Ltd. (hereinafter “Nonindicted Company”) and the building located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant building”) owned by Nonparty Company (hereinafter “Nonindicted Company”) with a deposit of KRW 100 million per month, monthly rent of KRW 10 million (in addition to value-added tax, payment on the 20th day of each month), and five-year lease period (hereinafter “instant lease agreement”).

On March 29, 2016, the Plaintiff was issued a seizure and collection order (this Court 2016TTT No. 897, hereinafter “instant seizure and collection order”) with respect to KRW 24,017,282 out of the rent claims based on the instant lease agreement against the Defendant of the non-party company, based on the original copy of the payment order issued by the Suwon District Court No. 2015, Aug. 821, 2016, and the said order was served on the Defendant on March 31, 2016.

Plaintiff

In addition, during the period from June 2016 to August 2016, the non-party company, the creditors of the non-party company, B, D, and E received a seizure and collection order as to the rent claim against the defendant of the non-party company.

On the other hand, with respect to the real estate of the non-party company, including the instant building, the compulsory auction on January 20, 2016 and the voluntary auction on July 22, 2016 (Seoul District Court Seosan Branch G), respectively commenced. The defendant purchased it at the above auction procedure and paid the proceeds thereof on May 17, 2017, and completed the registration of ownership transfer on the instant building on the same day.

E. Until May 17, 2017, the Defendant did not pay the Nonparty Company a total of KRW 109,396,169 out of the rent under the instant lease agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 9 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, shall be the plaintiff, the collection right holder, out of the rent due to the lease contract of this case.