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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The key issue of the instant case is whether the Defendant, a lessor of the instant apartment, sells the instant apartment to C, who is the lessee, has extinguished the claim for the refund of the instant lease deposit against C, or thereby has changed the Plaintiff’s interest, which is the pledgee of the claim for the refund of the lease deposit in this case. The conclusion of the instant court cannot be deemed to have extinguished the claim for the return of the lease deposit in this case due to the sales contract of the instant apartment, or has changed the Plaintiff’s interest, which is the pledgee. The content of the reasoning is as stated in the reasoning of the judgment of the first instance, except for adding the following two, and therefore, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Meanwhile, in light of the legal principles of Supreme Court Decision 2015Do5665 Decided April 29, 2016, the Plaintiff asserts that the Plaintiff, a pledgee, should be deemed as able to exercise his/her right to claim directly against the Defendant, a lessor, who is the garnishee.
However, the above Supreme Court decision cited by the plaintiff is that even if the pledger, who is a lessee of an apartment, has received repayment of a claim (right to refund for lease deposit) which is the object of the pledge from the lessor who sells the apartment to a third party while cancelling and leaving the lease contract, it cannot be said that a person who administers another's business in relation to the pledgee's duty and who acts in violation of the pledgee's duty, thereby causing damage to the pledgee or causing danger of damage to the pledgee, and the pledgee still still has the right to exercise the pledge against the lessor, and therefore, the case is different from the case in which the lessee (C) is exempted from the duty of the lessor without extinguishing the claim for the refund of lease deposit.