임대차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Comprehensively taking account of the respective descriptions and arguments in Gap 1-4, the Plaintiff entered into a contract to establish a right to lease on a deposit basis with the defendant as to Chocheon-si Building D (hereinafter only referred to as "D") of KRW 100 million on December 18, 2015, and the period from February 16, 2016 to February 16, 2018, and completed registration of establishment of a right to lease on a deposit basis as to D subparagraph 100 million on February 16, 2016; the Defendant did not refund the deposit even after the period of the lease on a deposit basis expires; the Plaintiff obtained a decision to commence the sale of real estate as to subparagraph D in the registration of establishment of the right to lease on a deposit basis on September 13, 2018; the Plaintiff was revoked from the auction procedure on September 13, 2018, by being paid KRW 64,443,640,04, and the registration of establishment of the right to lease on a deposit.
However, in full view of the evidence and the purport of the entire pleadings, the defendant sold No. D to F on June 18, 2018, and completed the registration of transfer of ownership as to No. D on June 22, 2018. According to the legal principles stated in Supreme Court Decision 9Da15122 Decided June 9, 200, when the ownership of the leased object is transferred, all of the settlor or owner of the leased object who is the party to the legal relationship, such as the claim for redemption, claim for extinguishment, renewal, claim for increase or decrease of deposit, claim for purchase of deposit, restitution, etc. arising from the relationship of chonsegwon, the new owner of the leased object, as the new owner of the leased object, is bound to be changed to the new owner who acquired the ownership of the leased object. Therefore, when the right and duty of the chonsegwon established between the former owner and the person having chonsegwon becomes the direct party to the right and duty of the chonsegwon, the former owner (the defendant) is exempt from the obligation to return the deposit to the settlor.
Therefore, the defendant sells No. 4 to F.