1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C on April 28, 2005, issued promissory notes with face value of KRW 80 million to the Plaintiff.

C made a notarial deed on the same day.

B. On May 10, 2005, the Plaintiff received a claim attachment and assignment order (this court 2005TTT 6568) as to C’s claim for return of lease deposit amount of KRW 80 million from Gangnam-gu Seoul Metropolitan Government multi-household 402 (hereinafter the instant house) against C based on the authentic deed of the above promissory note.

C. The above attachment and assignment order was served on the Defendant on May 20, 2005, and was finalized on June 29, 2005.

C On May 4, 1998, the moving-in report was made on the instant house.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4

2. The parties' assertion and judgment

A. The gist of the claim 1) The plaintiff asserts that the assignment order of this case was confirmed, and since the lease contract was terminated upon the expiration of the lease term, the defendant should pay the plaintiff the full payment of KRW 80 million and damages for delay. 2) The defendant asserted that C had resided in the house of this case while C had been transferred to the house of this case, but C had been residing without compensation at the defendant's wife.

B. 1) In a lawsuit filed by a creditor who received the entire claim pursuant to an assignment order in accordance with the assignment order, the creditor is liable to prove the establishment of the entire claim (see, e.g., Supreme Court Decision 2004Da38556, Dec. 9, 2004). 2) In light of the above legal principles, when the Plaintiff’s claim in this case is reasonable, the Plaintiff must prove not only that the assignment order has become final but also that C has a right to return a lease deposit against the Defendant.

However, it is not sufficient to recognize that C leased the instant house from the Defendant solely with the descriptions of the evidence Nos. 1 through 4 submitted by the Plaintiff, and there is no evidence otherwise.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.