The plaintiff's lawsuit against the defendant Korea Land and Housing Corporation shall be dismissed.

The plaintiff's claim against the defendant B is dismissed.

Basic Facts

A. Based on the executory exemplification of the judgment with executory power in the loans case No. 2019 Ghana2131, the Plaintiff obtained a seizure and collection order (hereinafter “the seizure and collection order of this case”) against the remainder, excluding the amount eligible for preferential reimbursement under Article 8 of the Housing Lease Protection Act, among the lease deposit claims under the Cheongju District Court Decision No. 2020 other than the Cheongju District Court Decision No. 2020, Feb. 13, 2020, Defendant B’s D apartment and E (hereinafter “instant real estate”) against the Defendant Korea Land and Housing Corporation. The said order was served on the Defendant Korea Land and Housing Corporation at that time.

B. Meanwhile, on May 23, 2018, Defendant B leased the instant real estate from the Korea Land and Housing Corporation by setting the lease deposit of KRW 16,152,00, monthly rent of KRW 15,070, and the lease term of KRW 15,070 from June 1, 2018 to May 31, 2020.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 2, and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant Eul will deliver the real estate of this case to the defendant Korean Land and Housing Corporation in subrogation of the defendant Korean Land and Housing Corporation based on the claim for collection against the defendant Korean Land and Housing Corporation, and that the defendant Korean Land and Housing Corporation will pay 5,632,108 won to the plaintiff simultaneously with the delivery of the real estate of this case

3. Determination

A. Article 246(1)6 of the Civil Execution Act provides that the deposit corresponding to the "amount eligible for preferential repayment pursuant to the provisions of Article 8 of the Housing Lease Protection Act and the Enforcement Decree of the same Act" shall be the claim subject to prohibition of seizure, and Article 8 of the Housing Lease Protection Act and Article 10(1)4 of the Enforcement Decree of the same Act provide that the preferential repayment of the small-sum lessee shall be KRW 17 million.

A claim for the return of lease deposit against Defendant Korea Land and Housing Corporation by Defendant B shall be the above amount.