Whether the claim for the return of security deposit can be transferred separately from the right to lease on a deposit basis (affirmative)

As long as the right of lease on a deposit basis has the nature of the right of lease on a deposit basis, it is not allowed to transfer the right of lease on a deposit basis separately from the right of lease on a deposit basis. However, in light of the purpose of the right of lease on a deposit basis, the right of lease on a deposit basis is not always disposed of at all times when the right of lease on a deposit basis is disposed of, but it is reasonable to view that the disposal of the right of lease on a deposit basis is included in the disposal of the right of lease on a deposit basis, barring any special circumstances. Therefore, in special circumstances, such as where the right of lease on a deposit basis has expired due to the expiration of the term of the right of lease on a deposit basis or the disposal of the right of lease on a deposit basis

Articles 303(1) and 449 of the Civil Act

Supreme Court Decision 69Da1745 Decided December 23, 1969 (No. 17-4, 217)

Korea Exchange Bank, Inc.

Defendant (Attorney Park Young-young, Counsel for defendant-appellant)

Daegu High Court Decision 95Na6831 delivered on June 13, 1997

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

With respect to the first and second points

According to the reasoning of the judgment of the court below, the court below acknowledged that the non-party Posi Military Merit Pension Deposit Co., Ltd. transferred the claim for the refund of the deposit money to the defendant of the above company to the plaintiff and notified the defendant of the transfer, and accepted the plaintiff's claim for the transfer money by recognizing the validity of the transfer of the above claim. In light of the records, the above fact-finding and decision of the court below are justified. There is no error in the misapprehension of the legal principles as to the validity of the transfer of the claim, or the validity of the transfer

The grounds of appeal cannot be accepted.

On the third ground for appeal

As long as the right of lease on a deposit basis has the nature of security interest, it is not allowed to transfer the right of lease on a deposit basis separately from the right of lease on a deposit basis that is secured by the right of lease on a deposit basis. On the other hand, in light of the purpose of the right of lease on a deposit basis, it is reasonable to view that the disposal of the right of lease on a deposit basis is included in the disposal of the right of lease on a deposit basis, barring any special circumstances, in light of the existence of the right of lease on a deposit basis, the right of lease on a deposit basis is not always disposed of when the right of lease on a deposit basis is disposed of at all times when the right of lease on a deposit basis is disposed of, or when the right of lease on a deposit basis is not disposed of by the agreement

In the same purport, the court below is justified in recognizing the validity of the transfer of the right to lease on a deposit basis after the right to lease on a deposit basis expires due to the expiration of the term of existence, and there is no error in the misapprehension of legal principles as to the effect of separate transfer of the right to lease on a deposit basis and the right to lease on

The grounds of appeal cannot be accepted.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Seo Sung-sung (Presiding Justice)