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1. As to the Defendants, E deposited in Busan District Court No. 5530 on June 26, 2013 at KRW 55,875,900.
Reasons
1. Basic facts
A. Around July 7, 1996, lessee G entered into a lease contract with the lessor E by setting the lease deposit amount of KRW 180,000,000, and the lease term of KRW 24 months with respect to the size of 19.20,000 for the first floor (hereinafter “the first floor”).
B. On July 31, 1996, the lessee G entered into a lease contract with the lessor E by setting the lease deposit amount to KRW 85,00,000,00 and the lease term up to July 31, 1998 with respect to the area of KRW 99.20,00 of the underground floor of the instant building (hereinafter “instant underground section”).
C. On October 7, 1997, Defendant B, who borrowed a part of the first floor from G, was subject to a decision of provisional seizure of claim regarding the claim to return the lease deposit for the underground and the first floor of this case (hereinafter “provisional seizure No. 1”) with the amount claimed as KRW 32,00,000 by Busan District Court 97Kahap7031, Oct. 7, 1997. The decision was served on the third obligor E at that time.
[Defendant B, on October 20, 199, entered the address of the building of this case as “K” and received the provisional attachment decision, the above provisional attachment decision was rendered on October 20, 199 to rectify the above address as “J” (hereinafter “instant decision of correction”).
(D) A service was made to the third obligor around that time.
After October 30, 1997, G transferred to F the entire amount of KRW 85,000,000 of the lease deposit return claim with respect to the instant underground portion, and the notice of transfer with the fixed date was served to E on November 2, 1997.
(Provided, however, around October 2, 1997, prior to the assignment of claim on January 20, 200, F terminated the assignment of claim on the ground that the provisional seizure of claim amounting to KRW 32,000,000 had already existed, and the notification of termination was served on the garnishee E on January 22, 200.
On March 24, 1998, the Plaintiff, who transferred the underground part of this case from G, shall be the Busan District Court.