1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 28, 2017, the Plaintiff, from C (hereinafter “C”) on February 28, 2017, drafted a promissory note No. 65, 2017 (No. 65, 2017, hereinafter “instant notarial deed”) with respect to KRW 45,954,200, including the purport of recognizing compulsory execution.

B. On January 16, 2018, the Plaintiff received a collection order for the seizure and collection (hereinafter “instant seizure and collection order”) against “the amount until it reaches KRW 45,954,200, out of the lease deposit repayment claims held by the garnishee (Defendant) in leasing three floors of the Gangseo-gu Seoul Metropolitan Government E-building from the garnishee (Defendant) by the Seoul Southern District Court 2018TT District Court 201TTB55.

On January 19, 2018, the order was served on the defendant.

C. The unpaid balance of the claim of this case is KRW 19,00,000 at the time of the application for the payment order of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the party’s assertion 1) Plaintiff C succeeded to the lessee’s status as a business entity established by the lessee (FF (hereinafter “F”) in the lease agreement of the instant seized claim (hereinafter “instant lease agreement”). The Defendant also recognized the lessee as the lessee and issued the relevant tax invoice when receiving monthly rent and management expenses from C. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 19 million, as the obligation to return the lease deposit to the Plaintiff according to the instant collection order, as the obligation to return the lease deposit against C, and the delay damages therefor. (2) Defendant (the lessee of the instant lease agreement is not F and G.

As a special contract for the lease, the lessor agrees to succeed to all the terms and conditions of this contract to the new business corporation if the above lessee prior to the commencement of business establishes a separate business corporation by investing therein.