1. The Defendants jointly share KRW 57,601,978 with respect to the Plaintiff and 5% per annum from January 15, 2015 to March 9, 2016.

1. Basic facts

A. On September 22, 2009, Nonparty C (hereinafter “Nonindicted Party C”) leased D 307-dong 2502 (hereinafter “instant apartment”) from the Yeonsu-gu Incheon Urban Corporation (hereinafter “Nonindicted Party”) to KRW 100,650,00, monthly rent of KRW 686,000.

On May 4, 2010, the Nonparty transferred to the Plaintiff the right to refund the deposit amount of KRW 100,650,000, and notified the Nonparty of the transfer thereof to the Nonparty Corporation at that time.

B. Meanwhile, the Nonparty arbitrarily transferred the right to lease of the instant apartment to Defendant B on September 8, 2010 without the consent of Nonparty Corporation.

Accordingly, the defendants completed the alteration of the original form as to the above apartment as a married couple, and resided in the above apartment since October 2010.

C. After that, the Plaintiff filed a lawsuit seeking the payment of the deposit (this court 2012Gahap 33439) in return for the transfer of the apartment to Nonparty Corporation, etc. in the position of the transferee of the claim for the refund of deposit.

In the above lawsuit, the non-party corporation asserted that the amount of the plaintiff's claim should be deducted from the deposit, while the non-party corporation asserted that the total of KRW 56,210,00 according to the appraisal result and KRW 1,391,978 in unpaid rent (including delayed rent) incurred after the defendant's possession should be deducted from the deposit.

The court of first instance accepted a defense and sentenced on December 30, 2014 to the effect that “the Corporation outside the lawsuit shall pay to the Plaintiff the balance after deducting the amount of arrears from the fixed amount from the Non-Party at the same time as the delivery of the above apartment from the Non-Party (100,650,000 won-57,601,978).” The above judgment became final and conclusive as the withdrawal of appeal as of January 15, 2015.

On December 29, 2015, the Plaintiff received KRW 43,048,022 in the balance of the deposit from the Non-Party Corporation around December 29, 2015 after having the original copy of the judgment as the executive title and having it delivered the apartment to Defendant A, etc.