1. The plaintiff's claim is dismissed.

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

1. Evidence 【Evidence】1, A2, B-1, B-2, B-3, B-4, and the purport of the whole pleadings;

A. On October 22, 2012, D entered into a lease agreement between C and the Defendant with the Defendant to lease the instant real estate to the Defendant as to the 1st floor E (hereinafter “instant real estate”) on the following grounds: (a) C acquired the ownership of the instant real estate through sale on July 19, 2013, and succeeded to the lease with the Defendant.

(2) On December 29, 2014, C entered into a lease agreement with the Defendant to reduce the rent of KRW 40 million from January 22, 2015 (the rent on January 22, 2015) to KRW 600,000.

On the other hand, the defendant paid all rents before January 2015.

B. On January 7, 2015, the Plaintiff, a creditor of C, filed an application for an auction to exercise a security right to the instant real estate, and on January 7, 2015, the registration of the voluntary decision to commence auction was completed on January 7, 2015.

(C) the Suwon District Court F.

On February 27, 2015, the Plaintiff issued a seizure and collection order against the amount up to KRW 42,540,059 of the amount claimed by C based on the authentic copy of the authentic document of a monetary loan contract for consumption with the executory power of No. 384, 2013, which was issued by a notary public to the Defendant (Korean District Court 2015TT 2015T 3572), and the said order was served on the Defendant on March 3, 2015.

The Defendant received dividends of KRW 29,420,00,000, after deducting the unpaid rent of KRW 10,580,000, out of KRW 40,000 on the date of distribution of lease deposit, which was implemented on July 12, 2016 in the above auction procedure.

2. The allegations by the parties and the judgment of this court

A. The lessor’s claim for rent C was extinguished by mutual aid, as the rent unpaid on the date of distribution of the instant real estate asserted by the Defendant was fully deducted from the lease deposit.

(b)the deposit received in the lease of real estate determined by this Court shall be the rental obligation and the object.