1. Compulsory execution based on the Defendant’s decision on performance recommendation against the Plaintiff on September 22, 2014, 2014.

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties; or the purport of Gap's statements and the whole arguments.

On September 16, 2012, the Plaintiff entered into a lease agreement with the Defendant with the term of 301 multi-family house (D building; hereinafter “instant building”) located in Kimhae-si, setting the lease deposit of 50,000,000 won, monthly rent of 150,000 won, from September 18, 2012 to September 17, 2014, the lease deposit was increased to 60,000,000 won, and the rent was changed to 50,000 won per month.

B. Around that time, the Defendant paid KRW 60,000,000 to the Plaintiff.

C. On October 27, 2012, the Plaintiff sold the instant building to E in KRW 405,00,000, and agreed that E acquires the obligation to return the lease deposit in lieu of partial payment of the purchase price.

After the termination of the above lease contract, the Defendant claimed the return of KRW 60,000,000 for the lease deposit to E, but E rejected the payment of KRW 10,000 for the lease deposit on the ground that the lease deposit received from the Plaintiff is KRW 50,00,000.

E. The Defendant brought an action against the Plaintiff and E as this Court No. 2014 Ghana24564 to jointly and severally seek payment of KRW 10,000,000 for the said lease deposit. The said decision of performance recommendation (hereinafter “the instant decision of performance recommendation”) on September 22, 2014 ordering the payment of KRW 10,000,000 was served on the Plaintiff on October 15, 2014.

The instant decision on performance recommendation was finalized on October 30, 2014.

2. In a lawsuit of demurrer against a final and conclusive decision of performance recommendation, not only the grounds for extinguishment of the claim after the decision of performance recommendation or for preventing the exercise of the claim, but also the failure or invalidity of the claim before the decision of performance recommendation, etc., becomes the grounds for objection (see, e.g., Supreme Court Decision 2005Da54999, Jan. 26, 2006).