1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

In fact, the Plaintiff filed a lawsuit against C and D to pay the Plaintiff 14,30,000 won jointly and severally to the Plaintiff from February 9, 2013; D from February 28, 2013 to the date of full payment; and D, from February 22, 2013 to the date of full payment, it obtained a favorable judgment from the above court on August 22, 2013; and the above judgment against C became final and conclusive on September 14, 2013.

On January 9, 2013, in order to preserve the above claim against C, the Plaintiff was granted a provisional attachment order of KRW 8,300,000 among the claims to return the lease deposit (hereinafter referred to as “the instant building”) on the E-2 floor E (hereinafter referred to as “instant building”) to the Defendant of the Jeonju District Court Decision 2013Kadan1 on January 9, 2013, and the said provisional attachment order was served on the Defendant on January 24, 2013.

In other words, on December 16, 2013, the Plaintiff was determined to transfer the above provisional seizure to the principal seizure under the Jeonju District Court's 2013TTTT2755, and additionally seized KRW 8,422,690, out of the claims to return the lease deposit of this case, and to collect it by the Plaintiff. The above decision reached the Defendant on December 18, 2013.

Meanwhile, from July 2012, C leased the instant building with the purport to pay deposit of KRW 10,000,000, annual rent of KRW 12,000,000 from the Defendant. However, around November 2013, C transferred the right to lease and business of the instant building to F.

After that, the defendant and F changed the lease contract into KRW 15,00,000,000, annual rent of KRW 12,000.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, witness C’s testimony, the purport of the whole pleadings, and the allegations by the parties concerned in their arguments are remaining, and the plaintiff is liable to return the lease deposit of this case. Thus, the defendant is liable to pay KRW 10,00,000 to the plaintiff who is the collection right holder. Accordingly, the defendant is liable to pay KRW 10,000 to the plaintiff.