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The plaintiff's lawsuit against the defendant D is dismissed.
The plaintiff's claim against the defendant E is dismissed.
3. The costs of the lawsuit.
Reasons
1. Basic facts
A. On February 6, 2017, Defendant D entered into a lease agreement with Defendant E, setting the lease deposit amount of KRW 10 million, the lease deposit amount of KRW 4 million from March 4, 2017 to March 3, 2020, and the monthly rent of KRW 400,000 (hereinafter “instant lease agreement”).
B. On March 14, 2019, the Plaintiff entered into a contract with Defendant D to transfer KRW 3 million out of the claims for the refund of the lease deposit under the instant G lease agreement with Defendant E.
C. On November 29, 2019, on behalf of Defendant D, the Plaintiff notified Defendant E of the assignment of the said G Lease Deposit to Defendant E, and on December 5, 2019, the said notification reached Defendant E.
[Reasons for Recognition] Defendant D: Statement No. 1 to No. 6 of the Evidence No. 1-6, the purport of the whole pleadings
2. Since the Plaintiff’s claim for the cause of the claim ends on March 3, 2020, Defendant E is obligated to claim the transfer of the instant real estate to Defendant D and to pay KRW 3 million out of the instant G lease deposit to the Plaintiff at the same time as the delivery of the said real estate from Defendant D.
However, since Defendant E did not seek the delivery of the instant real estate to Defendant D, the Plaintiff’s exercise the right to claim the return of the instant G Lease Deposit against Defendant E as the preserved right.
In addition, the Plaintiff sought payment of KRW 3 million out of the above G Lease Deposit to the Plaintiff, the transferee of the above G Lease Deposit, at the same time, to Defendant E receive the above real estate from Defendant D.
3. Determination
A. In full view of the Plaintiff’s claim part against Defendant E and each of the evidence, evidence, and evidence Nos. 1, 3, and 4 as to the Plaintiff’s claim, Defendant E returned KRW 3 million out of the instant G lease deposit to Defendant D on August 16, 2018.