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1. The Defendant’s KRW 37,00,000 as well as the Plaintiff’s KRW 20% per annum from May 24, 2015 to September 30, 2015, and the following.
Reasons
1. Facts of recognition;
A. On March 23, 2011, the Plaintiff entered into a lease agreement with D to lease the instant building from April 12, 201 to April 12, 2013 without monthly renting KRW 5 million and KRW 37 million from March 24, 2011, respectively.
B. On March 24, 2011, the Plaintiff completed the registration of lease on a deposit basis for lease on a deposit basis for the reason of the lease on a deposit basis, the duration of the lease on a deposit basis, from April 12, 201 to April 12, 2013, and the registration of lease on a deposit basis for lease on a deposit basis, made by the Plaintiff as the Plaintiff having chonsegwon.
C. On August 11, 2011, the Defendant completed the registration of ownership transfer based on the sale on the same day, and the Plaintiff transferred the instant building to the Defendant and transferred it to another address on May 7, 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, the purport of the whole pleadings
2. Where the ownership of the subject matter of chonsegwon is transferred after the establishment of chonsegwon, the right to lease on a deposit basis shall continue to exist between the person having chonsegwon and the new owner who acquired the ownership of the subject matter. Therefore, when the subject matter becomes the direct party to the right and duty of chonsegwon established between the former and the person having chonsegwon, the new owner of the subject matter shall be deemed to bear the duty of returning the deposit money in the position of the settlor of chonsegwon
(See Supreme Court Decision 2006Da6072 Decided May 11, 2006, etc.). According to the above facts, the above right to lease on a deposit basis has expired due to the expiration of the term of existence, and the building of this case has been delivered to the defendant to whom the ownership was transferred. The defendant deducted five million won from the above right to lease on a deposit basis and deducted the remaining 37 million won from the plaintiff who was repaid by the defendant.