1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. Basic facts

A. On November 10, 2016, based on the executory exemplification of the judgment in the Seoul Central District Court Decision 2016Gadan9555, the Plaintiff received on November 10, 2016 the remainder (hereinafter “instant lease deposit refund claim”) excluding the amount preferentially reimbursed pursuant to Article 8 of the Housing Lease Protection Act among the lease deposit claim for the real estate in the attached list (hereinafter “instant house”) among the real estate E-ground buildings in Seoul Mapo-gu Seoul Building (hereinafter “instant building”) against Defendant C as the obligor, Defendant B as the third obligor, the claim amount was 65,217,610 won, and the above decision was served on Defendant B on January 5, 2017, and became final and conclusive on January 24, 2017.

B. On the other hand, on August 5, 2016, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) stipulating that the instant housing is leased to Defendant C with a deposit of KRW 25 million, monthly rent of KRW 800,000,000, and the lease period from August 27, 2016 to August 26, 2018 (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim for the return of the lease deposit of this case was transferred to the Plaintiff, who is the entire obligee, and the Plaintiff notified Defendant B of the termination of the instant lease agreement by subrogation of the Defendant C.

Therefore, the instant lease agreement was terminated, and the Plaintiff sought to deliver the instant house in subrogation of Defendant B for the preservation of the said entire claim against Defendant C, and sought payment of the instant lease deposit against Defendant B.

B. Since the Defendants’ assertion of the instant lease deposit is within the scope of the amount to be preferentially reimbursed under Article 8 of the Housing Lease Protection Act, the instant lease deposit claims are stipulated in Article 246(1) of the Civil Execution Act.