전세보증금
The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the defendant is dismissed.
The plaintiff.
1. Basic facts
A. As to the Eunpyeong-gu Seoul Building and E (hereinafter “instant Housing”), the Plaintiff and the Plaintiff’s wife entered into a lease agreement with G on October 20, 199, setting the lease term as KRW 24 months from October 20, 199, deposit money as KRW 25,00,000 (hereinafter “instant lease agreement”) and resided in the instant housing.
B. As to the instant housing, C has completed the registration of ownership transfer on January 4, 2019 due to the public sale on December 24, 2018, and the Defendant completed the registration of ownership transfer on January 17, 2019 due to the sale on January 15, 2019.
C. On September 28, 1998, the Plaintiff and F (hereinafter “Plaintiff, etc.”) filed a move-in report on the instant housing, and the Plaintiff was registered ex officio as of September 5, 2019, but was re-registered on September 23, 2019 due to the Plaintiff’s objection, and transferred the Plaintiff’s resident registration to H building and I as of September 14, 2015, and F transferred the Plaintiff’s resident registration to the address of Seosan-si on January 14, 2015.
[Ground of recognition] Nos. 1, 2, 8, 9, Eul evidence Nos. 3, 4, 10, 11, 14 and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff has the opposing power under the Housing Lease Protection Act by delivering the instant house to the Plaintiff and closing the move-in report, and thus, it shall be deemed that C and the Defendant purchased the instant house from the Plaintiff through public sale acquired the ownership of the instant house, and the Plaintiff received the F’s claim for return of the lease deposit. The Plaintiff and the Defendant jointly and severally liable to return the lease deposit amount KRW 25,00,000 upon the termination of the instant lease contract with the delivery of the duplicate of the instant complaint.
B. Article 3 of the Housing Lease Protection Act provides that even if no registration is made under paragraph (1), if the lessee has completed the delivery and resident registration of the house, then the latter.