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1. The plaintiff's claims against the defendant A, Korea, C, and E are dismissed, respectively.
2. Between the Plaintiff, Defendant B and D.
Reasons
1. Defendant B, the cause of the Plaintiff’s claim, leased the first floor of the H-based building in Daegu-gu, Daegu-gu (hereinafter “instant real estate”) from Nonparty F, G (hereinafter “Lessee”), the lessor, at KRW 130 million. The Plaintiff was transferred from Defendant B the right to refund the lease deposit amount of KRW 130 million against Defendant B’s lessor.
However, the lessor deposited the remainder of the lease deposit settled after the termination of the lease with the Plaintiff and the Defendants. Therefore, in order to recover the deposit, the Plaintiff sought confirmation against the Defendants that the Plaintiff’s right to claim the payment of deposit amounting to KRW 47,687,840 corresponding to the amount of the Plaintiff’s claim against the Defendant B is the Plaintiff.
2. In order to preserve the national tax claim against I Co., Ltd., Defendant Republic of Korea attached the claim for refund of the deposit against I Co., Ltd. with the debtor I Co., Ltd. and the third debtor as lessors. However, Defendant Republic of Korea decided to recommend settlement against Defendant A in the lawsuit of Daegu District Court 2015dan42602, which Defendant A filed against Defendant Republic of Korea, and Defendant Republic of Korea cancelled the seizure of the claim, and the lawsuit of this case against Defendant Republic of Korea against Defendant Republic of Korea is unlawful as there is no benefit of lawsuit. However, in the deposit made by the lessor, the Republic of Korea still becomes the beneficiary of the deposit, and the Republic of Korea is a party to the distribution proceeding of Changwon District Court Msan Branch Branch of Korea, and the Plaintiff has a benefit to seek confirmation of the claim for payment of deposit against Defendant Republic of Korea. Accordingly, Defendant Republic of Korea’s defense is not acceptable
3. Determination as to Defendant B and D: Judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act)
4. Determination as to Defendant A, Korea, C, and E
(a)a fact of recognition;