1. The plaintiff (Counterclaim defendant)'s principal suit against the defendant (Counterclaim plaintiff) shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s defendant.

1. Judgment on the main lawsuit

A. The Plaintiff’s assertion (Counterclaim Plaintiff) paid the deposit to the Defendant, and leased the instant building.

D On April 3, 2013, with respect to the amount equivalent to KRW 120,00,000 out of the above deposit returned to the Defendant (Counterclaim Plaintiff) against the Defendant, the Seoul Southern District Court issued the Seoul Southern District Court 2013TTTT 6165 and issued the collection order, and the said order was served on the Defendant, the garnishee, the debtor, on April 10, 201.

On April 22, 2013, the Plaintiff received from D a refund claim equivalent to KRW 120,000,000 that D would be paid to the Defendant under the above order. Around that time, D notified the Defendant of the transfer of the claim by content-certified mail.

Even though the lease agreement on the instant building between the Defendants was terminated on May 15, 2014, the Defendants renewed the said lease agreement and then the Defendant (Counterclaim Plaintiff) still resides in the instant building, and the Defendant refused to pay the Plaintiff KRW 120,000,000.

However, since the renewal of the above lease agreement is in violation of the above order, the defendants cannot oppose the plaintiff by the renewal of the above lease agreement.

The Plaintiff is a person to whom the claim for collection was transferred to the collection obligee D, and the Defendant, the garnishee of the above order, is obligated to pay KRW 120,000,000 to the Defendant (Counterclaim Plaintiff) who is the lessee, simultaneously with the delivery of the instant building.

In addition, the collection obligee can obtain the delivery of the leased object from the lessee on behalf of the lessor, so the Defendant (Counterclaim) is obligated to deliver the instant building to the Defendant.

B. The judgment of the court below is that the collection authority is known to the collection obligee, but only the collection authority granted by the collection obligee upon receipt of the collection order may not be transferred to the third party, separately from the claim against the debtor.

Even according to the plaintiff's assertion, the plaintiff was transferred to D with collection authority according to the collection order.