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1. The defendant, among the judgments of the court of first instance, ordered payment in excess of the following portions:
Reasons
1. Facts of recognition;
A. On December 11, 2002, F leased the lease deposit amount of KRW 35 million and the lease period of KRW 24 months from December 11, 2002 to KRW 35 million (hereinafter “the lease of this case”), and completed the move-in report of resident registration with the instant apartment on December 14, 2002.
B. After that, the Defendant purchased the instant apartment from G, and succeeded to the status of the lessor by completing the registration of ownership transfer for the reason of sale as of March 16, 2014 in the name of the Defendant on April 17, 2004.
C. On May 3, 2004, F transferred the claim for the refund of the lease deposit of this case to H and son, but F did not notify the Defendant, who succeeded to the lessor’s status, of the assignment of the said claim with a content-certified mail or any other document with a fixed date.
The F died on December 14, 2004 (hereinafter “the deceased”), and the deceased’s children I, C, and D (hereinafter “heirs”) succeeded to the deceased.
On January 24, 2006, D occupied the apartment of this case among the heirs of the deceased, completed the move-in report as the apartment of this case.
E. On January 30, 2013, the Plaintiff received the Seoul Family Court Decision 2011ddan5343 (Main Office), 2012ddan26124 (Counterclaim), with the title of execution of the judgment executing the case of consolation money. On January 30, 2013, the Plaintiff received the order of seizure and collection (hereinafter “instant seizure collection order”) against the claim of KRW 11,002,730, out of the lease deposit return claims against the Defendant against the Defendant of the third party as the Defendant under Seoul Central District Court Decision 2013TTT30 (Counterclaim), and the above order was served to the Defendant around that time.
[Ground of Recognition: Facts without dispute, Gap evidence Nos. 1, 3, and 4 (Evidence No. 3, including branch numbers, and entry of Evidence No. 1, 3, 5, 6, 7, 8, and 9.