전세금
The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the defendant is dismissed.
1. Basic facts - around April 28, 2014, the Defendant created a right to lease on a deposit basis with the networkF on the D Building E (hereinafter “the instant real estate”) owned by the Glangbuk-gun, Glungbuk-gun, and gave the registration of the right to lease on a deposit basis.
After that, the amount of security deposit has increased to 47 million won.
- As the deceased died on October 2017, the plaintiff, who was the wife through an inherited property division consultation, inherited property division agreement, inherited the deceased's claim for the return of the deposit money by sole inheritance, and the registration of the lease on a deposit basis was also additionally registered.
- Around July 2018, the Defendant transferred the ownership of the instant real estate to Codefendant C of the first instance trial.
- After that, the Plaintiff, who was unable to receive a refund of security deposit, applied for a voluntary auction on the instant real estate, and received a dividend of KRW 35,309,307 in the auction procedure around June 2019.
[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the Defendant and C have the obligation to pay the Plaintiff KRW 11,690,693 due to joint tort damages (i.e., KRW 47 million - dividend KRW 35,309,307) since they planned to transfer the ownership of the instant real estate in a way that they would not return the security deposit.
However, the evidence presented by the Plaintiff alone is insufficient to recognize the fact of joint tort as alleged above, and there is no other evidence to acknowledge it.
The plaintiff's above assertion is without merit.
B. The Plaintiff asserts that the Defendant is obligated to return the remainder of the deposit on a deposit basis (=1,690,693 won for lease on a deposit basis - dividend of KRW 35,309,307) as a person who established a right to lease on a deposit basis.
However, in the event that the ownership of the subject matter is transferred after the establishment of chonsegwon, whether the relation of chonsegwon continues to exist between the person having chonsegwon and the former owner, or between the person having chonsegwon and the new owner who acquired the ownership of the subject matter, is explicit in the Civil Code.