1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On January 17, 2012, the Defendant entered into a lease agreement to lease the lease deposit amount of KRW 10,000,000, monthly rent of KRW 900,000, and the lease term of KRW 12 months from January 17, 2012 (hereinafter “instant lease agreement”). Since then, the instant lease agreement was explicitly renewed.

C did not pay to the Plaintiff KRW 900,000, respectively, for May 2013, 2013, for December 2013, 2013, for the portion of February 2014, for the portion of March 2014, for the portion of March 2014, and for the portion of March 2015, for the remainder of July 2016.

Accordingly, on December 5, 2016, the Defendant filed a lawsuit with the Seoul Northern District Court to cancel the instant lease agreement on the grounds of delinquency in rent, and to seek delivery of the instant real estate and return of unjust enrichment from the termination of the lease agreement until the completion date of delivery of the instant real estate (Seoul Northern District Court 2016Da41507). The instant case was proceeding by public notice, and on April 14, 2017, “C shall deliver the instant real estate to the Defendant, and shall pay the money calculated at the rate of 15% per annum from March 4, 2017 to the day of complete payment, and from November 28, 2016 to the day of complete delivery of the instant real estate, the amount calculated at the rate of 90 million won per month from March 4, 2017 to the day of full payment.”

On the other hand, on February 27, 2017, the Plaintiff received a provisional seizure and a collection order (hereinafter “instant claim seizure and collection order”) from C on the basis of the executory exemplification of the Seoul Northern District Court Decision 2017TTTTTT 2097 and the Seoul Northern District Court 2016Gaso3904, regarding C’s claim for return of lease deposit against C, the amount of KRW 5,000,000, among the lease deposit claims against C, based on the executory exemplification of the judgment in the Seoul Northern Northern District Court 2017TT case. On March 3, 2017, the said claim seizure and collection order were served on the Defendant on March 3, 2017.

The instant real estate was delivered to the Defendant on July 2017.