On the arrival of February 26, 2021, the Defendant-Counterclaim Plaintiff B delivers the real estate listed in the attached list to Defendant C.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. On December 14, 2018, Defendant B leased the instant real estate from Defendant C by setting the lease deposit amount of KRW 500 million, KRW 2.3 million per month, the lease term from March 7, 2019 to February 26, 2021.

(hereinafter “instant lease agreement” and “the instant lease deposit”). B.

On July 2, 2015, the Plaintiff: (a) lent KRW 100 million to E on October 1, 2015; and (b) Defendant B jointly and severally guaranteed the above loan obligations.

(hereinafter “instant loan” and “joint and several sureties” (hereinafter “instant joint and several sureties”). A notary public, with respect to the instant loan and joint and several sureties, was drafted on July 2, 2015, by a document No. 65, No. 2015, the No. 1965, Co., Ltd. (hereinafter “notarial deed of this case”).

C. On September 14, 2018, the Plaintiff, based on the instant authentic deed, filed an application for a seizure and collection order with respect to KRW 100 million among the claims to return the lease deposit of this case, which Defendant B had against Defendant C, by Seoul Central District Court 2018TT No. 16543, and received a seizure and collection order of the claim on September 19, 2018 (hereinafter “instant collection order”). The instant collection order was served on Defendant C, the garnishee, on October 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 6, Eul evidence 7, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. We examine the judgment as to the cause of the claim. The plaintiff, as the collection creditor who received the collection order of this case, may request the defendant Eul to deliver the real estate of this case on the ground of the termination of the lease contract of this case by subrogation of the defendant C, with the claim to return the lease deposit of this case against the defendant C as the preserved claim.

The Plaintiff demanded Defendant B to immediately deliver the instant real estate to Defendant C.

However, there is no evidence to acknowledge that the instant lease contract has been terminated.