The part against the defendant among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

1. Facts of recognition;

A. On December 1996, the Plaintiff’s mother-friendly net C (hereinafter “the deceased”) leased the building indicated in the separate sheet (hereinafter “the instant building”) owned by D from D as KRW 30,00,000, and one year for the term of the lease contract, and operated a business that produces food of wedding contribution while moving into and residing in the instant building.

B. D agreed to set up a right to lease on a deposit basis as security for the claim for return of lease deposit at the time of the termination of the above lease contract with the deceased, and around March 11, 1998, D completed the registration of establishment of a right to lease on a deposit basis with the deceased as of December 31, 1999 until December 31, 1999, with a deposit money for lease on a deposit basis for the instant building as of March 11, 1998.

(hereinafter referred to as the “registration of creation of chonsegwon of this case” is the “registration of creation of chonsegwon of this case,” and thereby the chonsegwon established is the “right to lease on a deposit basis of this case”).

On August 17, 2017, the Deceased died, and the Plaintiff agreed to solely inherit the instant chonsegwon and the claim for the return of the deposit money incidental thereto in the course of the division consultation with E, a joint heir.

On the other hand, on April 26, 2017, a public auction procedure was commenced due to delinquency in payment of local taxes, etc. regarding the building in this case. On March 5, 2018, the defendant paid the sale price in the above public auction procedure and received a decision to permit the sale from the Korea Asset Management Corporation that vicariously performed the above public auction business. The defendant completed the registration of ownership transfer based on the public auction on April 2, 2018.

E. On May 2, 2018, the Defendant filed a lawsuit against the Plaintiff on May 2, 2018 against the Jeonju District Court claiming that “The extinctive prescription has expired after the lapse of ten years from December 31, 1999, which is the expiration date of the term of chonsegwon” and filed a lawsuit seeking registration of cancellation of the registration of the right to lease on a deposit basis.

(2018da10939, hereinafter “instant prior suit”). The said court on November 30, 2018 (hereinafter “instant prior suit”).