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1. The plaintiff's lawsuit against the defendant C and D shall be dismissed respectively.
2. The plaintiff's claim against the defendant B is dismissed.
3...
Reasons
1. (1) On January 9, 2010, Defendant C entered into a lease agreement with Defendant B to lease real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Defendant B (hereinafter “instant apartment”) with the lease deposit of KRW 180,000,000, monthly rent of KRW 2,000,000, and the lease term of KRW 2,00,000, from January 29, 2010 to January 28, 2012 (hereinafter “previous lease agreement”) and had resided with Defendant D, who is the wife.
(2) On May 20, 201, Defendant D entered into a new lease agreement between Defendant D and Defendant B with respect to the instant apartment, setting the lease deposit amount of KRW 150,00,000, monthly rent of KRW 2,200,000, and the lease term from May 25, 2011 to January 28, 2012, and the lessee entered into a new lease agreement under the name of Defendant D (hereinafter “instant lease agreement”). The said agreement bears the seal of the fixed date as of July 28, 201.
On May 23, 2011, Defendant B deposited KRW 30,000,000 in the account of Defendant D with the difference between the previous lease deposit and the changed lease deposit, and issued a receipt to Defendant D to the effect that Defendant D received KRW 150,000,000 as the object of the instant apartment lease deposit.
(3) On July 20, 201, the Plaintiff received the provisional seizure order against the claim (hereinafter “the provisional seizure order against the claim”) by the Seoul Central District Court 201Kadan4405 regarding the amount of the lease deposit refund claim (hereinafter “the lease deposit return claim”) to be returned at the time of the termination of the lease agreement with respect to the apartment of this case held by Defendant C against Defendant C as the obligor, Defendant B’s garnishee, and the claim amount to KRW 191,120,000, and the said order was served on the Defendant B on July 27, 2011.
(4) On February 21, 2013, the Plaintiff, on February 21, 2013, took Defendant C as the debtor, Defendant B as the third debtor, and the claimed amount as KRW 202,533,486, out of the lease deposit refund claims in this case.