Defendant C delivers to Defendant D the real estate listed in the separate sheet to Defendant C.

Defendant D Co., Ltd. is Defendant D.

1. Facts of recognition;

A. On August 29, 2018, Defendant D leased the instant real estate to Defendant C by setting the lease deposit amount of KRW 75,030,000, KRW 348,100 per month of rent, and period of lease from September 4, 2018 to September 3, 2019.

B. On June 26, 2019, the Plaintiff loaned KRW 40,000,00 to Defendant C with interest rate of KRW 15.6% per annum, interest rate of overdue interest rate of KRW 24% per annum, and maturity of payment on June 26, 2021.

C. On June 26, 2019, Defendant C transferred the instant claim for the return of the instant real estate leased deposit to the Plaintiff to secure the payment of the principal and interest of the said leased loan, and notified Defendant D of the transfer of the said claim for the return of the said leased deposit on the same day.

Defendant C lost the benefit of time due to Defendant C’s failure to pay the remainder of the principal and interest of loan after paying only interest until August 25, 2019 to the Plaintiff.

E. Meanwhile, Defendant C’s unpaid rents, unpaid management expenses, etc. are KRW 6,236,420 as of August 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C, upon request of the Plaintiff who subrogated to Defendant D as a transferee of the claim against Defendant C, Defendant C is obligated to deliver the instant real estate to Defendant D, as restitution due to the expiration of the lease term.

3. Determination as to the claim against Defendant D

A. The plaintiff asserts that the defendant D is obliged to pay KRW 75,030,000 to the plaintiff at the same time as the delivery of the instant real estate from the defendant C.

As to this, Defendant D, at the same time with the delivery of the instant real estate from Defendant C, deducted the unpaid amount, such as unjust enrichment, management expenses, etc., equivalent to the rent or rent up to August 28, 2020 from the above lease deposit, and the unjust enrichment, management expenses, and expenses incidental to the damage of the house from September 20, 2020 to delivery.