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1. Defendant B received KRW 91,360,659 from Defendant C, and at the same time, entered in the attached list to Defendant C.
Reasons
1. Facts of recognition;
A. On September 5, 2001, Defendant B leased the instant real estate owned by Defendant C by setting the lease deposit amount of KRW 120,000,000, and the lease period from September 26, 2001 to September 26, 2003.
B. On April 26, 2017, the Plaintiff: (a) against Defendant B, 2016Da30145 Decided April 26, 2017 (the principal: 20,742,614 won; interest: 5% per annum from September 19, 2016 to November 2, 2016; and 15% per annum from the following day to the date of full payment; and (b) as to the above principal and interest, KRW 28,639,341, including the above judgment until April 4, 2019, the Plaintiff received an order of seizure and all of the amount of claims up to the above amount of claims out of the lease deposit refunded to Defendant C by this court under 2019 Ta2286, April 8, 2019.
The above attachment and assignment order was served on the Defendants on April 2019 and became final and conclusive on May 1, 2019.
[Reasons for Recognition] Defendant B: A without dispute, each entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings: deemed confession
2. Determination
A. After the termination of the lease agreement between the Defendants was notified by the lessor of the transfer of the claim for the refund of the deposit, the effect of the agreement shall not affect the transferee of the claim for the refund of the deposit, even if there is an explicit or implied agreement between the lessor and the lessee regarding the renewal of the lease agreement
(See Supreme Court Decision 88Meu4253, 4260 Decided April 25, 1989. It appears that a lease agreement between the Defendants was implicitly renewed since the expiration of September 26, 2003, which was the initial lease term. However, in light of the aforementioned legal principles, the above assignment order, which the Plaintiff acquired with respect to part of the claim for the refund of the lease deposit against Defendant B, was notified to Defendant C, a lessor, around April 2019, even if there was an express or implied agreement between the Defendants on the said lease term.