전세금 반환 청구의 소
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On January 1, 201, the Plaintiff concluded a contract with door-to-door sales agency (hereinafter “instant contract”) with E on January 1, 201, and supplied goods to E by December 1, 2016.
B. On August 26, 2015, E created a chonsegwon (hereinafter “right to lease on a deposit basis”) on the seven-story building located in Yeongdeungpo-gu Seoul Metropolitan Government G (hereinafter “instant building”) owned by oneself as the person having chonsegwon, the deposit for lease on a deposit basis was KRW 50,00,00, and the scope of the right to lease on a deposit basis was set at the left-hand side of the north-dong end of the first floor of the building and the duration was from August 26, 2015 to August 27, 2017 (hereinafter “the right to lease on a deposit basis”). On April 22, 2016, E created a right to lease on a deposit basis with the mortgagee and the maximum debt amount of KRW 50,00,000 for the Plaintiff and the person having the right to lease on a deposit basis.
C. On December 23, 2016, E requested the Plaintiff to cancel the instant contract, and the Plaintiff accepted it, and on December 16, 2016, the amount of unpaid goods to the Plaintiff was KRW 228,075,352.
The Plaintiff, at the time of the instant contract, appropriated KRW 130,000,000, which was paid by claiming insurance money based on the performance guarantee insurance policy provided to secure the performance of the goods payment obligation.
E. The F died on January 15, 2017, and on January 31, 2018, on the instant building, on January 31, 2018, the registration of ownership transfer was completed with respect to the shares of Defendant B 3/9, children E, Defendant C, and Defendant C, respectively.
[Ground for recognition] Defendant B and C: The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 11 (including branch numbers), and the purport of the whole pleadings, as a whole, that the confession is made (Article 150(1) and (3) of the Civil Procedure Act)
2. The judgment of the plaintiff is the creditor of the purchase price of goods to E, and as the right to lease on a deposit basis expires with the expiration of the period of chonsegwon, the plaintiff exercise the right to return the lease deposit to the defendants in subrogation of E. Thus, the defendants are entitled to refund the lease deposit to the plaintiff according to their respective inheritance shares.