전세금반환청구
1. The defendant shall pay to the plaintiff KRW 90 million at the same time with the delivery of the building stated in the attached sheet from the plaintiff.
2...
1. Facts of recognition;
A. On June 23, 2014, the Plaintiff leased the attached building (hereinafter “instant house”) as indicated in B and C from June 23, 2014 by setting the deposit amount of KRW 90 million, and by July 16, 2015, and paid the deposit money, and completed the move-in report on July 16, 2014.
Since then, the lease contract is implicitly renewed, the plaintiff is residing in the house of this case until now.
B. D purchased the instant house from B and C on August 11, 2015, and concluded a real estate security trust agreement with the Defendant on August 28, 2015, under which the ownership of the instant house was trusted.
On September 2, 2015, the registration of ownership transfer in the name of D and the registration of ownership transfer in the name of the defendant based on the trust were completed.
C. On December 19, 2016, the Plaintiff notified the Defendant that the lease contract is terminated.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Determination
A. The trust under the Trust Act on the grounds of a claim requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it (Article 1(2) of the Trust Act). Thus, if the trustee completes the registration of ownership transfer in the future of the trustee in the trust of real estate, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership is not reserved to the truster in the internal relationship with the truster.
(2) Article 3(2) of the Housing Lease Protection Act provides that “The trustee of a real estate security trust agreement shall be deemed to have succeeded to the status of the lessor as the assignee of the leased house as prescribed by Article 3(2) of the Housing Lease Protection Act.” Thus, the status of the lessor of the instant house shall be deemed to have been succeeded to the Defendant, the trustee, through B and C, via D.
On the other hand, after the lease contract was implicitly renewed, the plaintiff entered into the contract on December 19, 2016.