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1. The defendant shall deliver real estate stated in the attached list from C to the plaintiff at the same time.
Reasons
1. Facts of recognition;
A. On July 5, 2011, the Defendant leased to C real estate listed in the separate sheet (hereinafter “instant apartment”) at KRW 30 million for lease deposit, KRW 1,550,00 for monthly rent, and KRW 1,50,00 for lease term, from September 16, 201 to September 15, 201 for lease term, and for the same year.
9. 16. C received all of the deposit of KRW 30 million from C.
B. On November 29, 2017, the Plaintiff, as the creditor of C, received a seizure and collection order (U.S. District Court Decision 2017T. 108814) against the claim to return the lease deposit (the claimed amount of KRW 150 million) with respect to the instant apartment. On January 2, 2018, the above seizure and collection order was served on the Defendant.
C. Upon filing the instant lawsuit, the Defendant notified C of the termination of the said lease agreement.
[Grounds for recognition] The items of evidence Nos. 4 and 5, and the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay KRW 30 million to the plaintiff who is the person entitled to seizure and collection at the same time as the transfer of the apartment of this case in the simultaneous performance relationship with the obligation to return the lease deposit.
In light of the fact that the Defendant did not expressly state the overdue period or the amount of overdue rent, the above assertion by the Defendant cannot be accepted, in light of the fact that the Defendant did not specifically state the overdue period or the amount of overdue rent that C is the overdue rent.
3. According to the conclusion, we decide to accept the Plaintiff’s claim and decide as per Disposition.