1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C and D is dismissed, respectively.

3...

1. Basic facts

A. Defendant C and D are co-owners of the real estate listed in the separate sheet (hereinafter “instant real estate”), and Defendant B is the lessee of the instant real estate.

B. Defendant B borrowed KRW 50 million from E on May 11, 2015, and entered into a contract with Defendant C and D to transfer to E the claim for the refund of the lease deposit amount of KRW 350 million with Defendant C and D as security.

C. On December 9, 2016, E entered into a contract with the Plaintiff on the transfer of the claim for loans worth KRW 50 million against Defendant B, and the claim for the refund of the lease deposit worth KRW 350 million against Defendant C and D.

[Grounds for recognition] The entry of Gap evidence Nos. 2 through 5 and the purport of the whole pleadings

2. The parties' assertion

A. On September 15, 2013, Defendant B entered into a lease agreement with Defendant C and D with regard to the instant real estate, with the term of the lease deposit of KRW 350 million, and the term of the lease from September 15, 2013 to September 15, 2015, and the Plaintiff acquired the right to return the lease deposit of Defendant B prior to the transfer of the right to return the lease deposit.

Since the term of the above lease agreement expired, the Plaintiff sought to deliver the building of this case by subrogation of Defendant C and D, and Defendant C and D are jointly and severally liable to return the above lease deposit to the Plaintiff simultaneously with the delivery of the real estate of this case from Defendant C and D.

B. Defendant C and D’s assertion 1) Defendant C and D entered into a lease agreement with Defendant B on April 8, 2013 with regard to the instant real estate by setting a deposit of KRW 30 million, monthly rent of KRW 1.7 million, and the lease agreement from March 30, 2013 to March 29, 2015. The lease agreement (Evidence A) dated 15, 2013 was written voluntarily by Defendant B, and there was no record of entering into a lease agreement as alleged by the Plaintiff on the instant real estate. (2) Defendant C and D did not receive KRW 30 million from Defendant B even after entering into the lease agreement, and thus, Defendant B and D did not receive KRW 30 million from Defendant C and D.