[전세금][공2000.8.1.(111),1610]
Where the ownership of an object is transferred after chonsegwon is established, whether the relationship of chonsegwon between the person having chonsegwon and the former owner is transferred to the new owner (affirmative), and whether the obligation to return the deposit is also transferred to the new owner (affirmative)
In the event that the ownership of the subject matter is transferred after the establishment of chonsegwon, the Civil Act does not expressly stipulate whether the relationship between the person having chonsegwon and the former owner of the chonsegwon continue to exist or between the former owner of the subject matter and the new owner who acquired the ownership of the subject matter. However, in the case where the ownership of the subject matter of chonsegwon is transferred, all the settlor of chonsegwon or the owner of the subject matter, who is a party to a legal relationship, such as a claim for redemption, claim for extinguishment, request for renewal, claim for increase or decrease of the deposit amount, restoration, purchase request, etc. arising from the relationship between the right of chonsegwon and the new owner of the subject matter, shall be deemed to continue to exist with the same content. Therefore, the new owner of the subject matter shall be deemed to be exempted from the obligation to return the deposit to the person having chonsegwon when the right of lease is extinguished as the direct party to the right of chonsegwon established between the former owner of the subject matter and the person having chonsegwon, and even if the subject matter of chonsegwon has the nature of the right of lease on a deposit basis, it cannot be viewed as separate from the new owner of chonsegwon.
Articles 303, 310, 311, 312, 312-2, 316, and 317 of the Civil Act
Plaintiff (Attorney Kim Jung-chul et al., Counsel for the plaintiff-appellant)
Defendant
Daegu District Court Decision 98Na4871 delivered on February 10, 1999
The appeal is dismissed. The costs of appeal are assessed against the plaintiff.
The grounds of appeal are examined.
In the event that the ownership of the subject matter is transferred after the establishment of chonsegwon, there is no express provision in the Civil Act as to whether the relationship between the person having chonsegwon and the former owner of the chonsegwon continue to exist or between the former owner of the subject matter and the new owner who acquired the ownership of the subject matter. However, if the ownership of the subject matter of chonsegwon is transferred, all the owner of chonsegwon or the owner of the subject matter, who is a party to a legal relationship, such as a claim for reimbursement, claim for extinguishment, request for renewal, claim for increase or decrease of the deposit amount, restoration, claim for purchase of the subject matter, etc., arising from the relationship between the right of chonsegwon and the new owner of the subject matter, shall continue to exist with the same content. Therefore, if the subject matter is directly a party to the right of chonsegwon established between the former and the person having chonsegwon and the new owner of the subject matter, the former owner shall be deemed to be exempted from the obligation of return of the deposit amount by losing the status of the settlor of chonsegwon, and even if the subject matter of chonsegwon has the nature of real right to lease, it cannot be separate from the owner of new right to lease.
In the same purport, the court below is just to reject the plaintiff's claim of this case seeking the payment of deposit money against the previous owner of the object of chonsegwon, and there is no error of law by misunderstanding the legal principles on change of real rights and real rights or the legal principles on private autonomy. The ground of appeal cannot be accepted
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the plaintiff who is the appellant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Yong-woo (Presiding Justice)