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1. The quasi-examination of this case shall be dismissed.
2. The costs of quasi-examination shall be borne by the defendant.
Reasons
1. Basic facts
A. On August 19, 2014, the Defendant leased to Nonparty C the fourth floor E of the D Building in Jung-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) 40,000,000, monthly rent of KRW 300,000, monthly rent of KRW 300,00, and the term of lease from August 1, 2014 to July 31, 2015.
B. On August 19, 2014, Luxembourg transferred to Nonparty F the right to claim the return of the lease deposit for the instant real estate (hereinafter “instant claim”) and notified the Defendant of the assignment of the instant claim by way of content-proof mail on June 24, 2016, and the notification reached the Defendant on June 27, 2016.
Fidelity C discontinued the business around November 2016, and took out all the goods in the instant real estate as of December 29, 2016, and delivered the instant real estate to the Defendant.
B. On October 6, 2016, the Plaintiff, based on an executory exemplification of notarial deeds, No. 608 of 2016, a notary public, issued a seizure and collection order against the instant claim under the Seoul Central District Court 2016TT No. 19790 (hereinafter “instant seizure and collection order”), with the Defendant as the obligor C and the third obligor, and issued a seizure and collection order against the instant claim under the Seoul Central District Court 2016TT No. 19790 (hereinafter “instant seizure and collection order”). The said seizure and collection order reached the Defendant on October 11, 2016.
B. On November 9, 2016, the Plaintiff filed a payment order against the Defendant with the Seoul Central District Court 2016Da58630, which sought payment of the said collection amount, and the payment order was issued on November 24, 2016. The Defendant filed an objection against the above payment order, and the above payment order application case was implemented as the principal case of the Seoul Central District Court 2016dan152965.
Consolidatedly, on January 23, 2017, the defendant submitted a written response and continued to possess the real estate of this case, and at the time C withdraws from the possession of the real estate of this case, C deducts the overdue rent, management fee, and various taxes and public charges from the deposit.