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(영문) 청주지방법원제천지원 2019.09.25 2019가단612
임차보증금
Text

1. Defendant C pays KRW 72,000,000 to the Plaintiff.

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

3...

Reasons

1. Basic facts

A. On March 22, 2011, Defendant B acquired the ownership of the E Apartment F Co., Ltd. (hereinafter “instant apartment”).

B. On February 18, 2016, the Plaintiff entered into a lease agreement with Defendant B on a deposit basis (hereinafter “instant contract”) with the term “72,00,000 won for the deposit money for lease on a deposit basis, and from March 18, 2016 to March 17, 2018,” and paid the said deposit money to Defendant B around that time.

C. On March 18, 2016, the Plaintiff stated the instant apartment as “from March 18, 2016, the term of existence is from March 18, 2015 to March 17, 2018” with respect to the instant apartment, “from March 18, 2016, the instant contract term is from March 18, 2016 to March 17, 2018.” However, the entire certificate of the registered matters of the instant apartment is indicated as “the term of chonsegwon is from March 18, 2015 to March 17, 2018.” The registration of the establishment of chonsegwon, which is “from March 17, 2018.”

With respect to the apartment of this case, G is completed on March 21, 2016, and C is completed on June 22, 2018.

E. The instant contract expired on March 17, 2018.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. If the ownership of an object is transferred after the establishment of chonsegwon on the cause of the claim, there is no express provision in the Civil Act as to whether the relationship of chonsegwon continues between the person having chonsegwon and the former owner who has acquired the ownership of the object, or whether the ownership of the object continues to exist with the new owner who acquired the ownership

However, in the case of transfer of ownership of the subject matter of lease on a deposit basis, the settlor or owner of chonsegwon who is the party to the legal relationship such as a claim for redemption, extinguishment, claim for renewal, claim for increase or decrease of lease on a deposit basis, restitution, purchase claim, etc., which arises from the relationship of lease on a deposit basis, shall be bound to

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