1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. (1) On April 30, 2010, the Plaintiff and the Defendant share the real estate indicated in the separate sheet (hereinafter “instant real estate”).

As to the deposit money (hereinafter “instant contract to lease on a deposit basis”), the contract to lease on a deposit basis between May 4, 2010 and May 3, 2012 (hereinafter “instant contract to lease on a deposit basis”).

(2) On May 7, 2010, the registration of the establishment of chonsegwon was completed in the name of the Plaintiff on the ground that the instant chonsegwon contract was concluded on May 7, 2010.

B. The Defendant sold the instant real estate to B on January 19, 2011, and sold the same year.

2. On 17. B, the registration of ownership transfer was completed in the future.

C. The instant real estate was sold at the voluntary auction procedure (Sacheon Branch Branch of Daejeon District Court) as applied by the creditor of the creditor of B. On August 9, 2012, the Plaintiff received distribution of KRW 22,009,049 as a person of chonsegwon on the date of distribution of the said voluntary auction case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Assertion and determination

A. Since the Plaintiff’s assertion and the Defendant did not agree to accept a third party’s obligation to return the security deposit, the Defendant is jointly and severally liable with the Plaintiff to pay the Plaintiff the unpaid security deposit amount of KRW 5,990,951 (=28,000,000 - KRW 22,09,049) and the delay damages.

B. Where the ownership of the subject matter of chonsegwon is transferred after the establishment of one 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. The new owner of the subject matter shall be deemed to be exempted from the obligation to return the deposit to the person having chonsegwon in the position of the settlor of chonsegwon when the right and obligation pursuant to the contents of chonsegwon established between the former owner and the person having chonsegwon ceases to exist.