1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance concerning this case is that “30 square meters out of the entire floor and the 1st floor of the instant building” in the title No. 2 in the table No. 3 of the judgment of the court of first instance shall be deemed as “30 square meters out of 330 square meters and 330 square meters out of the 330 square meters among the 1st floor and the 1st floor of the instant building,” and the ground of the judgment of the court of first instance is identical to the ground of the judgment, except for the addition of the judgment under the following paragraph (2) with regard

(2) The court of first instance asserts that the time when the secured claim of the right to collateral security is determined as termination of the basic contract, is determined as the time when the secured claim of the right to collateral security is determined as of November 14, 2016, which is the date when the secured claim of the right to collateral security was determined and thereafter incurred cannot be asserted against the Defendant with the Plaintiff’s claim of the stock company B, which is the date when the secured claim of the right to collateral security was determined as of November 14, 2016.

The deposit received in the lease of real estate guarantees all the obligations of the lessee arising from the lease relationship, such as the lease obligation, the liability for damages incurred by the loss of, damage to, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the deposit without any separate declaration of intention, unless there are special circumstances, when the object is returned after the termination of the lease relationship. This legal principle applies to the case where the lease contract was concluded in order to secure the claim for the return of the lease deposit, and the registration of the establishment

(See Supreme Court Decision 2012Da38674 Decided February 28, 2013). In light of the foregoing legal doctrine, even in the case where the establishment registration of a neighboring mortgage was completed with the security deposit as the secured claim of the right to collateral security, the amount equivalent to all the obligations of the lessee arising from the lease relationship is based on the lease relationship.