1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who has a monetary claim based on a final and conclusive judgment against C, “The amount of KRW 938,014,394 and the interest rate of KRW 20% per annum from January 4, 2013 to the date of full payment,” by filing a lawsuit against C on a loan claim with Seoul Eastern District Court 2013Gahap102532, and appealed filed an appeal with Seoul High Court 2013Na202598. However, the Plaintiff voluntarily withdrawn the appeal on December 4, 2013.”

B. On January 10, 2014, the Plaintiff filed a claim attachment and collection order (hereinafter “instant collection order”) with respect to KRW 1,113,845,221 of the lease deposit claims against the Defendant, Songpa-gu Seoul Eastern District Court 2014TTTT 353, the Seoul Eastern District Court 2014TT, which C had against the Defendant, among the lease deposit repayment claims against the Defendant (hereinafter “instant apartment”). On January 10, 2014, the Plaintiff received the order of attachment and collection (hereinafter “instant collection order”).

The instant collection order was served on January 15, 2014 on the Defendant.

C. Meanwhile, around August 26, 2009, the Defendant entered into a lease agreement with C by setting the lease term of one year and four million won per month with respect to the instant apartment owned by the Defendant, without a lease deposit, and entered into a lease agreement with C to reside in the instant apartment. On November 201, 2010, the lease deposit was determined as KRW 100 million per month, and the lease term was increased by five million per month, but the lease term was not separately determined (hereinafter “the instant lease agreement”). On March 26, 2011, the Defendant received KRW 100 million per the said lease deposit from C.

C was unable to reside in the wind that is legally detained due to a criminal case on September 19, 2014, but the apartment of this case has not been delivered to the defendant until now.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, witness C's testimony, and the purport of whole pleadings.

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