1. The defendant shall deliver to the Seoul Housing and Urban Corporation the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. The Defendant entered into a lease agreement with the Seoul Housing and Urban Corporation, setting the lease deposit amount of KRW 29,170,000 and the period of February 29, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 16, 2015, the Defendant transferred to the Plaintiff the lease deposit return claim under paragraph (1) that the Defendant had against the Seoul Housing and Urban Corporation on September 16, 2015, in order to obtain a loan from the Plaintiff (Seoul Housing and Urban Corporation: Dong branch Capital Co., Ltd.), and completed the notification of transfer to the Seoul Housing and Urban Corporation

C. On September 24, 2015, the Plaintiff granted a loan of KRW 29,100,000 to the Defendant at the rate of 24 months and 10.5% per annum, but the Defendant did not pay the above loan by the maturity date.

The lease contract between the defendant and the Seoul Housing Urban Corporation was terminated on February 29, 2016.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of whole pleadings]

2. According to the facts of the above recognition, the Defendant is obligated to deliver the instant real estate to the Seoul Housing Corporation, and the Seoul Housing Corporation is also obligated to pay the Plaintiff, the transferee of the instant lease contract, with the overdue rent, management fee, and all other claims arising under the instant lease contract, after deducting the overdue rent, management fee, and all other claims.

In addition, in order for a creditor to exercise the debtor's right to preserve his/her own claim, the debtor's insolvency is ordinarily required, but if a creditor who has taken over the claim to refund the lease deposit seeks the intention of surrender of the lessee's real estate in order to claim the performance, the delivery of the lessee's real estate should be performed first, and it does not require the requirement of insolvency.