임대차보증금
1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court before it is remanded are all dismissed.
2...
1. The Plaintiff appealed at the first instance court’s request for the refund of the lease deposit and the cancellation of the registration of the establishment of a neighboring mortgage, but the dismissal judgment was rejected, and this court added a preliminary claim for damages as to the cancellation of the registration of the establishment of a neighboring mortgage before remanding.
Before remanding, this court accepted the claim for cancellation recovery and rendered a judgment dismissing the remaining appeal, and both parties appealed on each part against which they lost.
The Supreme Court dismissed the Plaintiff’s appeal on the claim for refund of lease deposit, and reversed and remanded the “the part on the claim for restitution of cancellation of the registration of creation of a neighboring mortgage and the part on the conjunctive claim.”
Therefore, the scope of this court's trial is limited to the reversed and remanded parts.
2. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. The governing law of this case is a legal entity established by the Malaysian State Law, and is thus a foreign element, the governing law should be determined in accordance with the Private International Law.
In the case of a primary claim for the registration of recovery of the right to collateral security cancelled as a pledgee, since each real estate listed in attached Tables 1 and 2, which is the object in accordance with Article 19 of the Private International Act, is located in the Republic of Korea
In cases of a claim for damages due to a tort committed in breach of a pledge right among the conjunctive claims for cancellation registration, the law of the Republic of Korea, which was committed pursuant to Article 32 of the Private International Act, shall be the governing law, and in cases of a claim for damages by a third party due to a neglect of an auditor's duties under the Commercial Act, the governing law shall be deemed the
4. The assertion and judgment
A. The plaintiff's assertion of this case.