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1. Defendant B shall deliver to Defendant C the buildings listed in the separate sheet.
2. Defendant C shall deliver the above from Defendant B.
Reasons
1. Basic facts
A. In around 2007, Nonparty D entered into a housing lease agreement of KRW 50,00,000 for the building listed in the separate sheet with Nonparty E (hereinafter “instant building”). Defendant C succeeded to the status of the lessor by completing the registration of ownership transfer after purchasing the instant building from Nonparty E.
(hereinafter the above security deposit amounting to KRW 50,000,000 shall be KRW 50,000,000.
D sent a notice of transfer (content) in the name of December 3, 2010 to the effect that “D transferred KRW 50,000,000 to the Plaintiff” was delivered to the Defendant C.
C. D Around November 2014, died, and F is the inheritor.
On the other hand, the above F, as the heir of the network D, decided to transfer KRW 50,000,000 to Defendant B around September 2015, and sent a notice of transfer (content) to Defendant C at that time.
After becoming aware of the death of the Plaintiff, the Plaintiff sought payment of KRW 50,000,000 as the assignee of the instant building to Defendant C, and requested Defendant B, who possessed the instant building, to deliver the instant building to Defendant C. However, Defendant B refused to deliver the instant building on the ground that he/she was the assignee of the instant security deposit, and Defendant C also refused payment on the ground that he/she did not deliver the instant building, and that there is no delivery of the instant building, and that it is also unclear about the right holder of KRW 50,00,000 for the instant security deposit.
[Ground of recognition] Unsatisfy, Gap's 1 to 4, 9, 10 evidence, the whole purport of the pleading
2. The parties' arguments and the judgment of this court
A. (1) The plaintiff alleged by the parties against the right holder of the instant rental deposit of KRW 50,00,000 (1) is a legitimate transferee, since he received the instant rental deposit of KRW 50,000 from D in a normal manner and completed the notification thereof.