1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff has a claim against C (hereinafter “C”) for the amount of goods based on the executory payment order in the Seoul Southern District Court Decision 2017Hu600, Seoul Southern District Court (hereinafter “Seoul”).

B. On May 31, 2019, the Plaintiff, based on the original copy of the above payment order, received a seizure and collection order (hereinafter “instant collection order”) as to the claim against “the amount until 50,000,000,000 won out of the lease deposit refund claim against the obligor C, based on the real estate lease agreement concluded by the obligor C with the third obligor (Defendant) on the third-story building located in Gangseo-gu Seoul Metropolitan Government D located in D, which was owned by the obligor C (Defendant).”

In addition, the collection order of this case was served on June 5, 2019 to the defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is that the lessee under the instant lease agreement (hereinafter “instant lease agreement”) was a corporation established by E (hereinafter “E”) as a business entity and duly succeeded to the status of lessee. Therefore, the Defendant is obligated to pay the Plaintiff KRW 50 million, which the Plaintiff seeks as the obligation to refund the lease deposit to C according to the instant collection order, and the delay damages for the said obligation. 2) The gist of the Defendant’s assertion ① The lessee of the instant lease agreement is not E and F.

According to a special contract of a lease agreement, the lessor agrees to succeed to all the terms and conditions of the contract as it is if the above lessee prior to the commencement of the business, and establishes a separate business corporation. However, the lessee did not notify the Defendant of the establishment of the business corporation (C) so C does not constitute a person who succeeds to the status of the lessee.

(2) If any.