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1. Defendant B, among the real estate listed in the separate sheet, indicated in the separate sheet to Defendant C, in sequence 1, 2, 3, 9, and 1.
Reasons
1. Basic facts
A. On May 17, 2006, Defendant B entered into a lease contract (hereinafter “instant lease contract”) with Defendant C as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit amount of KRW 30 million, and the lease contract from June 16, 2006 to June 17, 2008, with the lease deposit amount of KRW 30 million, and the term of lease from June 16, 2006 to June 17, 2008, and the instant lease contract was explicitly renewed while occupying and using the instant real estate upon delivery. Accordingly, the lease contract was finally renewed until June 17, 2016.
B. The Plaintiff filed an application for a seizure and collection order with respect to the claim for the return of the lease deposit against Defendant B, which Defendant B had against Defendant C, as Suwon District Court Branch Branch Branch 2016TT1353. On May 9, 2016, the said court issued a seizure and collection order, such as the foregoing content, and the said order was served on Defendant B on May 24, 2016, and on May 11, 2016, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the instant lease contract was terminated upon the lapse of June 17, 2016, which is the expiration date of the lease term, after the above seizure and collection order reaches Defendant C on May 11, 2016. The Plaintiff, a person holding the right to seize and collect lease deposit claims, can seek to transfer the instant real estate to Defendant B on the ground of the termination of the lease contract by subrogation of Defendant C for the collection of the said claim. Thus, Defendant B, upon the Plaintiff’s request, has the duty to deliver the instant real estate to Defendant C.
In addition, Defendant C is obligated to return the lease deposit to the Plaintiff at the same time with the delivery of the instant real estate from Defendant B, as the instant lease contract was terminated.
3. The Defendants’ assertion as to the Defendants’ assertion is the Plaintiff’s above.