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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. On January 13, 2016, the Plaintiff entered into a lease agreement on the lease deposit amounting to KRW 190,000,000,000, and the period from March 6, 2016 to March 6, 2018, with respect to the lease deposit (hereinafter “instant lending E”).
B. On June 28, 2016, C entered into a sales contract with the Defendant to sell the instant loans in the purchase price of KRW 510 million with respect to the instant loans, and the registration of ownership transfer was completed with respect to the instant loans, as to the instant loans, E and F. The ownership transfer was completed in the Defendant’s name.
C. The Plaintiff raised an objection related to the succession of the lease agreement between C and the Defendant, and on the ground that the lease agreement was not succeeded to the Defendant, the Plaintiff filed a lawsuit seeking the return of the lease deposit against the Defendant (2017Gadan4025) around the Suwon District Court, on the grounds that the lease agreement was not succeeded to the Defendant.
On July 12, 2017, the above court rendered a judgment dismissing the plaintiff's claim against the defendant for the reason that the plaintiff's claim against the main defendant C cannot be accepted unless the plaintiff's claim against the main defendant C was accepted, and the above judgment became final and conclusive.
E. Meanwhile, based on the above final judgment against C, the Plaintiff, as the creditor, debtor C, and the third obligor, as the creditor, debtor, and the third obligor of the District Court 2017TT 60567, on September 29, 2017, issued a claim seizure and collection order against C with respect to KRW 190 million out of the sales price claim to be paid to C, and the above order was served to the Defendant, respectively.
[Ground of recognition] The plaintiff alleged the facts without dispute or significant facts in this court, Gap's evidence Nos. 1 and 4, and the purport of the whole pleadings by the plaintiff, as the defendant purchased Eul's loan Nos. 1 and 3.