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(영문) 서울고등법원 2020.08.20 2020나2007499
전부금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is identical to the ground of the judgment of the court of first instance, except to dismiss or add part of the grounds of the judgment of the court of first instance as follows. Thus, it

【The part of the judgment of the court of first instance to which the Plaintiff was placed at the last place of the judgment of the court of first instance to “the Defendant,” the first instance to which “the mortgagee of a chonsegwon” was “the mortgagee of a right to lease on a deposit basis” in the first instance to “the mortgagee of a right to lease on a deposit basis,” and the second to sixth to third as follows: (a) the Plaintiff, who was placed at the first instance to whom the right to lease on a deposit basis under the contract of the right to lease on a deposit basis, was ordered to attach and attach this case. Since the contract of lease on a deposit basis was terminated, the Defendants shall pay the instant deposit to the Plaintiff

Even if the contract of lease on a deposit basis was concluded for the purpose of securing the claim for the refund of deposit for lease and thus invalid as a false conspiracy, the Plaintiff is a bona fide third party.

Therefore, the Defendants cannot oppose the Plaintiff on the ground that the claim to return the lease deposit of this case was extinguished by the deduction of overdue rent, etc.

On the 6th of the first instance judgment, the following is added to the following in the following 10th of the first instance judgment, and even if the parties did not deliver the object at the same time as the establishment of the right to lease on a deposit basis, the effect of the right to lease on a deposit basis cannot be denied unless the latter completely excludes the use and profit-making of the object.

(See Supreme Court Decision 94Da18508 delivered on February 10, 1995). The registration of the establishment of a right to lease on a deposit basis, which was completed in the name of a third party according to an agreement between the lessor, lessee, and third party, is valid for the purpose of securing the claim for the return of the lease deposit based on

(See Supreme Court Decision 2003Da12311 Decided May 26, 2005.

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