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1. The Defendant’s annual interest in KRW 18,650,000 to an independent party intervenor and as to this, from March 27, 2012 to September 6, 2012.
Reasons
1. Basic facts
A. On March 9, 2010, the deceased D (hereinafter “the deceased”) leased (hereinafter “the instant lease agreement”) the lease deposit amount of KRW 20,000,000, monthly rent of KRW 250,000, monthly rent of KRW 250,000, and the lease period from March 26, 2010, which is the delivery date, from the Defendant’s first floor E (hereinafter “instant real estate”).
B. On March 9, 2010, the Deceased prepared a letter of delegation (No. 1, hereinafter “the letter of delegation”) to the Intervenor to delegate all rights related to the right of lease regarding the instant real estate by the Deceased, and delivered it to the Intervenor along with the lease agreement.
C. The Deceased died on June 24, 2010, and the Plaintiff, a child, inherited the Deceased solely.
On July 5, 2010, the intervenor sent notice to the defendant on July 5, 2010 that "the intervenor is a creditor who lent money to the deceased, and the deceased transferred the rights under the instant lease agreement to the intervenor to secure his/her obligation to the intervenor, so the intervenor paid the lease deposit to the intervenor." The above notice reached the defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Byung evidence Nos. 1 through 8, 20, 24, and 26, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, upon the death of the Deceased, succeeded to the Deceased alone, and the instant lease contract concluded between the Deceased and the Defendant automatically terminated due to its impossibility to continue its existence, the Defendant asserted that the Plaintiff is obligated to pay KRW 20,000,000 to the Plaintiff. The Intervenor transferred all the rights under the instant lease contract to the Intervenor, and the Intervenor notified the Defendant of the right to notify the assignment of the claim by delegation from the Deceased. As such, the Defendant paid the instant lease deposit to the Intervenor.