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1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.
2. Defendant C shall be attached from Defendant B.
Reasons
1. Facts of recognition;
A. On November 30, 2015, Defendant B entered into a lease agreement with Defendant C (hereinafter “Defendant C”) by setting the lease deposit amount of KRW 26,570,000, monthly rent of KRW 257,00, monthly rent of KRW 257,00, and the lease term of November 30, 2017.
(hereinafter “instant lease agreement”). B.
The Plaintiff set KRW 3,00,000 on December 16, 2016 to Defendant B as the due date of December 15, 2017 and the interest rate of KRW 18% per annum, and each of the Plaintiff loaned KRW 3,000,000 on February 23, 2018 to Defendant B as the due date of repayment of KRW 18% per annum.
C. On December 16, 2016, Defendant B transferred to the Plaintiff the right to return KRW 26,570,000 under the instant lease agreement, and delegated the right to notify the transfer to the Plaintiff, and notified the Plaintiff of the transfer to the Defendant Corporation on the same day.
On December 16, 2016 and February 23, 2018, Defendant B agreed to deliver the instant real estate to the Defendant Corporation even if the term of the instant lease expires, if the Plaintiff fails to pay the principal and interest of the loan by the due date.
E. Around October 25, 2018, the Plaintiff notified Defendant B of the scheduled commencement of the legal procedure on the ground of the overdue interest on the loan as of December 16, 2016, but Defendant B did not pay that amount up to the day.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-6, the purport of the whole pleadings
2. According to the above facts, since the instant lease agreement terminated on November 30, 2017, Defendant B, a lessee, is obligated to deliver the instant real estate to the Defendant Corporation, the lessor, and the Defendant Corporation, at the same time, at the time to deliver the instant real estate from Defendant B to the Plaintiff, the assignee of the instant lease deposit claim, and at the same time, at KRW 26,570,000, Defendant C has to the Defendant under a lease agreement between the Defendants.