1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).

1. The judgment of the first instance court on the scope of this court was sentenced to the judgment dismissing both the plaintiff's principal claim and the defendant's counterclaim claim, and only the defendant appealed on the part of the counterclaim claim, so the scope of the judgment of this court is limited to the part concerning the counterclaim among the judgment of the first instance.

2. Judgment on the counterclaim

A. On August 9, 2016, D is the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant real estate”).

(2) On September 2, 2016, the Plaintiff completed the registration of ownership transfer on the ground of sale on the same date. (2) On August 29, 2016, the Defendant completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) on the instant real estate on the ground of the contract to establish chonsegwon dated August 17, 2016.

3) The instant real estate was sold to the Defendant on October 25, 2018 from the procedure of voluntary auction (Tagu District Court Racing Support K) applied by the Defendant. On December 12, 2018, the Defendant received dividends of KRW 5,636,803 out of the said deposit money as a person having a right to lease on a deposit basis as a person having a right to lease on a deposit basis on the date of distribution of the said procedure for voluntary auction (hereinafter referred to as “right to lease on a deposit basis”) from the date of distribution. [The fact that there is no dispute over recognition, No. 2-1,

B. Where the ownership of the subject matter of chonsegwon is transferred after the judgment on the cause of the claim was made, the right to lease on a deposit basis shall continue to exist between the person having chonsegwon and the new owner who acquired the ownership of the subject matter. The new owner of the subject matter shall be deemed to have been exempted from the obligation to return the deposit money to the person having chonsegwon in the position of the settlor when the right and obligation pursuant to the contents of chonsegwon established between the former and the person having chonsegwon are directly parties to the right and obligation, and the former owner shall be deemed to have lost

Supreme Court Decision 206. 206