1. Defendant B’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from November 8, 2016 to April 3, 2017.

Facts of recognition

On April 5, 2012, the Plaintiff and Defendant B entered into a lease agreement with Defendant B, in oral statement, for a period of one year, and KRW 35 million on April 5, 2012, on the grounds that the Plaintiff and Defendant B paid KRW 35 million to Defendant B around that time.

Defendant B completed the registration of ownership transfer of the instant housing on June 7, 2012 in Defendant C.

On April 29, 2013, the Plaintiff requested Defendant C to return the deposit on the ground that the lease term for the instant house has expired.

On September 1, 2015, the Plaintiff and Defendant C drafted a lease contract with the lessor, Defendant C, and the lessee, E, deposit, 25 million won.

F was voluntarily decided on December 2, 2015 to commence auction on the instant housing, and the Plaintiff was awarded a successful bid on the said housing at the auction procedure and paid the sale price in full on November 7, 2016.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 5, the purport of the whole pleadings.

Judgment

Where a lessee who has opposing power over a claim against Defendant B succeeds to the status of a lessor, the right to claim the return of the deposit becomes extinct due to confusion, but if a lessee who has no opposing power is awarded a successful bid of the leased object, the right to claim the return of the deposit will not become extinct due to confusion.

As seen earlier, Defendant B entered into a lease agreement with the Plaintiff and received the security deposit, and the lease expired around April 2013, and the Plaintiff, a lessee who has no opposing power in the voluntary auction procedure for the instant house, can be deemed to have returned the leased house by winning the successful bid. As such, Defendant B shall return the security deposit to the Plaintiff.

Therefore, Defendant B’s ownership of KRW 35 million in the auction procedure of the instant house from November 8, 2016, which was the following day after the Plaintiff acquired ownership.