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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 11, 2014, the Plaintiff received a seizure and collection order against Nonparty B regarding the amount equivalent to the above claim amount among the security deposit refund claims against the Defendant as KRW 36,48,000, which was issued by Suwon District Court 2014TTT809, based on the executory order of the execution of the claim for transfer money (2014.973) against the Defendant, and the seizure and collection order was served on the Defendant on April 15, 2014.
B On March 3, 2011, with respect to the first floor of a building located in C Co., Ltd. and in Sungsung City D, a deposit of KRW 100 million, monthly rent of KRW 3.5 million (Separate Table of KRW 295,000 per month for electricity and management fees), and a lease contract for the period of April 30, 2012 (hereinafter referred to as "lease of this case") was concluded.
C On December 19, 2011, the registration of ownership transfer was completed in the name of the defendant and the selected party E (hereinafter referred to as the "defendant") on the ground of sale and purchase of the above building.
[Reasons for Recognition] There is no dispute, or the purport of Gap 1, 2, 3, and all pleadings
2. Since the lease of the Plaintiff’s assertion as to the cause of the claim terminates upon the expiration of the period on April 20, 2014, the Defendant is obligated to pay the Plaintiff the collection amount stated in the purport of the claim.
3. The deposit received in the lease of real estate provides a lessee with all the obligations arising out of the lease, such as rent and liability for damages arising from the loss of, damage to, etc. of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist to the return of the object after the termination of the lease relationship (see Supreme Court Decision 2009Da39233, Feb. 27, 2014). However, according to the testimony, testimony, and the purport of the whole pleadings of B, 4, 8, and B, which were unpaid by B around May 2014, there are office supplies owned by B, golf products sales display stand, etc. located in the leased object.