1. The Defendant’s compulsory execution against the Plaintiff is KRW 3,145,162.

Basic Facts

On March 30, 2013, the Defendant entered into a contract with C to lease the Eunpyeong-gu Seoul Metropolitan Building 302 (hereinafter “instant building”) with the term of lease from April 15, 2013 to April 15, 2015, the lease deposit amount of KRW 30 million, and the monthly rent of KRW 300,000,000, and paid all the above lease deposit to C around that time.

After that, on December 2, 2016, the Plaintiff purchased the instant building from C, and succeeded to the lessor’s status by completing the registration of ownership transfer on December 2, 2016, and the Defendant acquired the right to rent in arrears by transfer.

On April 15, 2017, the defendant applied for a payment order seeking payment of the remaining lease deposit against the plaintiff, whose renewed lease term expires.

Accordingly, on May 19, 2017, “the Plaintiff paid KRW 28.5 million to the Defendant” was issued by the payment order (Seoul Western District Court Decision 2017 tea106, hereinafter “instant payment order”). The instant payment order was finalized on June 8, 2017.

On January 31, 2018, the Defendant delivered the instant building to the Plaintiff, and the Plaintiff paid the Defendant KRW 2 million on August 23, 2017, and KRW 16.5 million on February 6, 2018, respectively, returned KRW 16.5 million out of the lease deposit.

[Ground of recognition: The facts without dispute, the entries in Gap's evidence Nos. 1 through 6 (including each number), and the purport of the whole pleadings / [the whole purport of arguments] The plaintiff's lease deposit 30 million won, deducting the sum of the rent in arrears or unjust enrichment equivalent to the rent in arrears or the rent in excess of 13.5 million won, and 16.5 million won already returned, the defendant is not entitled to refund the lease deposit.

Therefore, compulsory execution based on the payment order of this case should not be permitted.

3. Determination

A. We examine the amount of overdue rent or unjust enrichment equivalent to the overdue rent or unjust enrichment to be deducted from a lease deposit as to the overdue rent or unjust enrichment equivalent to the overdue rent.

The defendant's rent or rent for 34 months until January 15, 2018.