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1. Defendant C shall deliver to Defendant B the real estate listed in the separate sheet.
2. Defendant B shall be accompanied by Defendant C.
Reasons
1. Basic facts
A. On February 20, 2017, the Defendants: (a) concluded a lease agreement with Defendant C to lease real estate listed in the separate sheet (hereinafter “instant building”) at KRW 20 million; (b) monthly rent of KRW 900,000; and (c) the period from March 31, 2017 to March 30, 2019 (hereinafter “instant lease agreement”); (c) Defendant C paid the said lease deposit to Defendant B; and (d) occupied and used the instant building on or around March 31, 2017.
B. On October 18, 2018, the Plaintiff filed a lawsuit against Defendant C with the Seoul Western District Court 2018Gadan22681, and filed a judgment with Defendant C on October 18, 2018, “Defendant C shall jointly and severally with the Plaintiff KRW 100,500,000 and KRW 100,000,00 each year from August 1, 2018 to August 28, 2018; 6% each year from the following day to August 28, 2018; 50,000,000 won shall be paid with 15% interest per annum from August 29, 2018 to the day of full payment; and the above judgment became final and conclusive at that time.”
C. On November 9, 2018, the Plaintiff: (a) issued a seizure and collection order (hereinafter “instant collection order”) on the instant lease deposit that Defendant C had against Defendant B by using KRW 23,149,246 as the claim amount to preserve the execution of the claim based on the above judgment against Defendant C; and (b) on November 14, 2018, the said collection order was served on Defendant B on the same date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings
2. Determination as to requests for extradition against Defendant C and claims for collection against Defendant B
A. After the lessor received a collection order against the claim for the return of the lease deposit, the effect of the agreement even if there exists an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease contract or extension of the contract term.