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1. The Defendant’s KRW 150,000,000 as well as the Plaintiff’s annual rate from March 3, 2017 to January 14, 2019.
Reasons
1. Basic facts
A. Around January 27, 2016, the Defendant and C drafted a contract to establish a lease on a deposit basis (Evidence 5) with C as to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) and the lease on a deposit basis with C as of KRW 150,000,000, and the lease on a deposit basis with the duration of the lease on a deposit basis as of February 3, 2017.
B. On February 18, 2016, the Defendant completed the registration of the establishment of chonsegwon on January 27, 2016 as to the instant real estate on January 27, 2016.
C. On February 18, 2016, the Plaintiff was provided with chonsegwon’s right to lease on a deposit basis for the instant real estate (hereinafter “instant right to lease on a deposit basis”) as collateral and leased KRW 243,50,000 on May 19, 2016 as the due date for repayment.
C On February 18, 2016, the Plaintiff agreed to set up a mortgage on the instant chonsegwon and completed the registration of establishment of a mortgage on the instant chonsegwon in the future.
E. Since C did not repay the loan after the due date, the Plaintiff filed an application with the Gwangju District Court for a seizure and assignment order of the claim for lease on a deposit basis against C by subrogation as to the claim for lease on a deposit basis against C’s Defendant on the ground that the right of real right of real right of real right of lease on a deposit basis has ceased to exist due to the expiration of the term of lease on a deposit basis due to the expiration of the term of lease on a deposit basis, and the said court issued a seizure and collection order of the claim (hereinafter “collection order of this case”).
F. A collection order for the seizure of the instant claim was served on or around March 2, 2017 to the Defendant, the garnishee, and the decision of dismissal was finalized on December 29, 2018 by the appellate court that appealed against the said order.
[Ground of recognition] Facts without dispute, entry in Gap 1, 2, 3, 4, 5 evidence (including branch numbers), the whole purport of the pleading
2. Judgment on the ground of the Plaintiff’s claim
(a) Chonsegwon upon the expiration of the duration of chonsegwon; and