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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. On November 23, 2010, the Plaintiff leased the lease deposit amounting to KRW 25 million, and from November 30, 2010 to November 29, 2012, the lease deposit amounting to KRW 291,200,000 (hereinafter “instant house”) of Dobong-gu Seoul Metropolitan Government D Ground Housing on which the right to collateral security was established (hereinafter “instant house”).
(hereinafter “instant lease agreement”). B.
Meanwhile, C decided to lease the instant house to a third party before the conclusion of the instant lease agreement, and received the down payment of KRW 2.5 million, but, upon the third party’s waiver of the down payment and cancellation of the contract, C owned KRW 2.5 million, which was paid by the third party. However, upon recognizing it as the Plaintiff’s deposit, C paid to C the lease deposit amount of KRW 2.5 million (=25 million - 2.5 million).
C. On February 17, 2011, the Plaintiff and C came to prepare a lease contract that the Plaintiff’s buyer or E as the lessee, and the Plaintiff and C drafted a lease contract stating that “E set the instant house from C on February 17, 201 to February 16, 201, set the lease deposit amount of KRW 25 million and the lease deposit from February 17, 201 to February 16, 2013, and the lease deposit was paid by the Plaintiff as the former lessee.”
E made a move-in report on the instant house on March 2, 201, while obtaining a fixed date on the said lease contract, and received dividends of KRW 16 million as a small lessee on September 23, 201, by filing a report on the right as a lessee and demanding a distribution on September 23, 2011.
Since Article 3 of the former Enforcement Decree of the Housing Lease Protection Act was amended by Presidential Decree No. 20971 on August 21, 2008 and enforced on the same day, the amount of the deposit for priority repayment under the Housing Lease Protection Act was changed from KRW 16 million to KRW 20 million. In other words, the Act was amended by Presidential Decree No. 22284 on July 21, 2010 and enforced on July 26, 2010.