전세금반환 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. Basic facts
A. The Defendant, each of the instant construction of the 4th floor studio building (a building constructed on D’s ground) on the land of 257 square meters in Yangsan-si and 180 square meters in F’, Yangsan-si, and (b) the Defendant, the Defendant’s agent, completed the registration of ownership preservation in the Defendant’s future on October 24, 2013.
B. E, among the instant construction works around September 2013, completed construction by being awarded a contract for the construction of furnitures, such as singcrinks and wing houses, and the construction cost incurred therefrom is KRW 75 million (hereinafter “construction cost”). C.
The Plaintiff lent money to E several occasions, and as E was unable to pay the Plaintiff’s debt due to the failure to receive the instant construction cost, the Plaintiff completed the registration for the establishment of chonsegwon (hereinafter “right to lease on a deposit basis”) as of the Plaintiff, the deposit amount of KRW 30 million, and the lease period from November 7, 2016 to November 6, 2017, respectively, with respect to the Plaintiff, the person having chonsegwon, and H and I out of the instant 1 water among the instant 2 water through C on November 11, 2016.
(d)
E, even after the fact that it was impossible for the Plaintiff to pay the instant construction cost and the Plaintiff was unable to pay the debt, E, on September 26, 2017, prepared a contract for assignment of the claim to the Plaintiff for the instant construction cost, and notified the Defendant of this at that time.
E. On December 27, 2016, J completed the registration of transfer of ownership on January 15, 2014 as to the instant building on the ground of sale and purchase on January 15, 2014; K completed the registration of transfer of ownership on November 19, 2018 as to the instant building on November 5, 2018.
F. On April 23, 2018, the Plaintiff filed a lawsuit against J, which acquired the ownership of the instant building 1, seeking the payment of KRW 30 million deposit for the instant water G as the Ulsan District Court 2017Gadan 534000, and at the same time, the Plaintiff paid KRW 18 million to the Plaintiff on April 23, 2018.