1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. The reasoning of the judgment of the court in the first instance is as follows, with the exception of the following parts written by the court.

(The main text of Article 420 of the Civil Procedure Act). Of the reasons for the judgment of the court of first instance, 3 12 to 14 main points of the judgment shall be as follows.

1) As between February 16, 2007, the Plaintiff entered into a contract to establish a right to lease on a deposit basis under the instant lease agreement with respect to each of the instant real estate as of January 1, 2009, respectively, in order to secure the right to return the lease deposit, and entered into the contract to lease on a deposit basis as of January 1, 2009. The registration of establishment of each of the right to lease on a deposit basis as described in Article 2 of the Disposition B, which

207.

2. The parties' assertion

A. The lease contract of this case or the contract to establish a right to lease of this case was terminated because the Plaintiff’s assertion B was in arrears and the deposit for lease was deducted. Since the lease deposit or the contract to establish a right to lease of this case was also extinguished, the Defendant shall express his/her intention to cancel the registration of each right to lease of this case.

B. The Defendant’s assertion falls under a bona fide third party (Article 108(2) of the Civil Act) who has a new legal interest based on a legal relationship formed by each of the instant chonsegwon, and thus, cannot oppose the Defendant bank on the ground that the lease deposit was deducted from rent and extinguished.

Even if it is possible to oppose the Defendant, the lease deposit does not amount to the overdue rent, and the Defendant requested the Plaintiff to deduct the lease deposit only within the scope of the monthly rent for six months, without expressing any intent, and then ratified it implicitly, the Plaintiff may not deduct the amount of the monthly rent for at least six months.

3. Determination

A. The facts acknowledged prior to the judgment on the extinguishment of chonsegwon are as follows.