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1. As to Plaintiff A’s KRW 88,835,284, and Plaintiff B’s money KRW 88,835,284 and each of the said money from May 28, 2015.
Reasons
1. Facts of recognition;
A. On November 8, 2011, the Defendant acquired the ownership of Songpa-gu Seoul Metropolitan Government D apartment 51 Dong 1304 (hereinafter “instant apartment”), and on January 27, 2012, E, the Defendant’s agent, transferred the instant apartment to the instant apartment.
B. Around February 5, 2012, the Plaintiffs leased KRW 220 million on the ground G apartment 104 Dong 1003 (hereinafter “instant separate apartment 10,000,000 won”) on a parcel of land, other than Yongsan-gu Seoul, Yongsan-gu, Seoul, and transferred KRW 5,00,000,000 following the lease deposit, KRW 19,000,000 on the following day, and KRW 20,000,000 on March 30, 2012, E received the said KRW 200,000,000,000 to E, and E immediately wired the money to the Defendant (hereinafter “instant money”).
C. Around January 10, 2014, the Plaintiffs filed a lawsuit against E to return KRW 220 million of the deposit for lease of each of the instant apartment units (Seoul Eastern District Court 2014Gahap100182), and on March 12, 2014, the instant claim to return the deposit for lease of the instant apartment units against E was provisionally attached (Seoul East Eastern District Court 2014Kadan100203), and on April 9, 2014, the said judgment became final and conclusive on May 23, 2014.
On June 26, 2014, based on the executory exemplification of the judgment regarding the claim for return of the above lease deposit, the Plaintiffs received the seizure and collection order (hereinafter “the collection order of this case”) from the Seoul Eastern District Court 2014 other 10460) to transfer the provisional seizure as to the claim for return of the lease deposit of this case against the Defendant E as the provisional seizure (hereinafter “the collection order of this case”), and the collection order of this case was served on the Defendant around July 4, 2014.
E. The Plaintiffs were distributed KRW 42,329,431 as a lessee with a fixed date in the voluntary auction procedure for the instant apartment complex.
[Ground of recognition] A. A., 2, 4 through 7, 11 through 13, and Eul's evidence No. 1.