Whether a person of chonsegwon may cancel his contract to establish a chonsegwon on the ground of the loss of ownership of a person of chonsegwon after establishing a right to lease on a deposit basis.

If the Plaintiff entered into a contract to establish a right to lease on a deposit basis as to the building owned by the Defendant between the Defendant and completed the registration of the establishment thereof, but the registration of the right to lease on a deposit basis based on the provisional registration prior to the registration of the right to lease on a deposit basis was cancelled by the registry official, and if the third party who acquired a new ownership upon the completion of the principal registration filed a lawsuit against the Plaintiff B against the Plaintiff, and the judgment of winning the lawsuit becomes final and conclusive, the Defendant lost the ownership of the above building and caused the Plaintiff to be placed in a location in which it is impossible for the Plaintiff to occupy and use the building, and the Plaintiff

Article 546 of the Civil Act

Plaintiff

Defendant

Seoul Central District Court (72 Gohap5731) in the first instance trial

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the defendant to pay KRW 600,000 to the plaintiff and provisional execution declaration

The original judgment shall be revoked.

The judgment dismissing the plaintiff's claim

If Gap evidence Nos. 1 and 2 (Registration Certificate) without dispute over the establishment of the court below appears to be the purport of the pleading prior to the pleadings, the plaintiff filed a contract with the defendant on Sep. 1, 1971 for establishing the right to lease on a deposit basis, but the plaintiff did not own the right to lease on a deposit basis, 60,000 won for a house and 71,00 won for a house of 71,00 won for a house of 1,00 square meters for a house of 71,00 square meters for a house of 1,00,000 won for a house of 1,000,000 won for a house of 3,00 won for a house of 3,00 won for a house of 1,00 won for a house of 3,00 won for a house of 1,000 won for which the right to lease on a deposit basis was completed after the establishment registration was completed on Dec. 22, 1971.

Thus, the defendant has lost ownership of the building in this case and has been placed in a place where it is impossible for the plaintiff to occupy and use it. Thus, the plaintiff can cancel the contract to lease on a deposit basis with the defendant for its reasons. Further, the plaintiff expressed his intention to cancel the contract to cancel the contract as the complaint in this case seeking the return of the deposit money for lease on a deposit basis. Therefore, the defendant is obliged to return the above deposit money to the plaintiff.

Therefore, the plaintiff's claim for payment is justified, and as a result, the judgment of Korea is just, and the defendant's appeal is dismissed in accordance with Article 384 of the Civil Procedure Act, and the costs of the lawsuit are assessed against the losing party and it is so decided as per Disposition.

Judges Noh Byung (Presiding Judge)