The defendant's KRW 60,094,605 as well as 5% per annum from January 18, 2019 to September 15, 2020 to the plaintiff.

Facts of recognition

The defendant is the owner of D Apartment E (hereinafter referred to as "the apartment of this case") at the time of leisure water.

The instant real estate was registered for the establishment of chonsegwon as of August 18, 2015 from August 19, 2015 to August 17, 2017, under the Act No. 19700, which was received on August 19, 2015, for the establishment of a right to lease on a deposit basis as of August 18, 2015 to August 19, 2015.

On August 20, 2015, the Plaintiff entered into a loan agreement with F, who is the said person having chonsegwon, and completed the registration of creation of the right to collateral security, which is KRW 68,40,000,00 for the same day, by concluding a contract for establishing the right to collateral security with respect to the right to collateral security regarding the said provision on August 25, 2015.

On August 17, 2018, the Plaintiff: (a) exercised the subrogation right under the foregoing right to collateral security; (b) filed an application with F for seizure and collection order (this Court 2018TTTTT 5146) regarding the instant apartment against F as a claim claim claim amounting to KRW 60,094,605 in addition to the principal of the foregoing loan agreement with F and the agreed interest or interest thereon; and (c) on August 17, 2018, the Plaintiff issued a seizure and collection order with respect to the foregoing claim to return the deposit money, and served the original copy of the said order to the Defendant, a debtor on August 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), facts shown in this court, the plaintiff defendant is obligated to return F the claim for return of deposit money to F. The plaintiff is obligated to return F.C.'s right to lease on a deposit basis as a whole. Since the period of lease on a deposit basis has expired, the plaintiff was lawfully established the right to subrogation of the right to lease on a deposit basis, and the plaintiff was issued a seizure and collection order with F as the debtor and the defendant as the third debtor, and the above order was served

Therefore, the defendant is obligated to perform the above obligation to return the deposit money to the plaintiff who received the collection order.

(1) The defendant shall receive a lawful service.