beta
Text
1. Defendant C shall deliver to Defendant B the real estate listed in the separate sheet.
2. Defendant B shall list the attached list from Defendant C.
Reasons
1. Determination as to the cause of claim
A. Following the facts of recognition are without dispute between the Plaintiff and the Defendant, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as to each entry in the evidence Nos. 1 through 4. The Plaintiff and the Defendant C are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act
1) On December 19, 2016, Defendant C agreed to lease the instant real estate owned by Defendant C from Defendant B by setting the lease deposit amount of KRW 50 million, KRW 1.3 million per month, KRW 1.3 million per month, and KRW 1.3 million from February 3, 2017 to February 2, 2019 (hereinafter “instant lease”).
(2) Under the instant lease agreement, Defendant C paid KRW 50 million to Defendant B, and received the instant real estate from Defendant B from Defendant B, and has occupied and used the instant real estate until now.
3. On November 16, 2017, the Plaintiff received a claim attachment and collection order as to KRW 50 million from Suwon District Court Decision 2017TT based on the executory exemplification of the loan payment order in Seoul Southern District Court Decision 2017Hu16176, and Defendant C’s claim for the refund of the lease deposit in this case against Defendant C, as to KRW 50 million, based on the executory exemplification of the loan payment order in Seoul Southern District Court Decision 2017Hu20242, and the said claim attachment and collection order were served on Defendant B, the garnishee, on November 22, 2017.
B. According to the above facts, since the lease contract of this case terminated upon the expiration of the lease term, it is restored to its original state accordingly. Upon the plaintiff's claim of this case, the defendant C, the lessee, is obligated to deliver the real estate of this case to the defendant B, the lessor, and the defendant B, the collection obligee of the claim for return of the lease deposit of this case, barring any special circumstance. At the same time, the plaintiff, the collection obligee of the claim for return of the lease deposit of this case, is obligated to pay KRW 50 million to the plaintiff.
2. Defendant B-.