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1. The defendant on May 17, 2007 with respect to the real estate stated in paragraph (1) of the attached list in the attached list list to the plaintiff.
Reasons
1. Basic facts
A. On May 5, 2007, with respect to the real estate listed in paragraph (1) of the attached Table No. 1 owned by the Plaintiff (hereinafter “the instant one building”), the registration of establishment of chonsegwon listed in paragraph (1) of the attached Table No. 1 owned by the Plaintiff was completed (hereinafter “registration of establishment of chonsegwon”) with respect to the lease deposit amounting to KRW 25 million, the remaining 73.94 square meters (No. 302), the remaining 73.94 square meters (No. 302), the duration from May 5, 2007 to May 4, 2009.
B. Since then, the Defendant returned 25 million won to C, and C, on May 21, 2013, entered the additional registration of chonsegwon prior to the registration of the establishment of the right to lease on a deposit basis.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) leased, on behalf of the Defendant, the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) owned by the Defendant for KRW 25 million. Upon D’s request, the Plaintiff completed the registration of the creation of the instant chonsegwon to C for the security of the said deposit.
Since the lease contract between the defendant and C is terminated and the defendant returned the deposit to C, the registration of creation of the right to lease on a deposit basis must be cancelled.
(2) Defendant D leased No. 302 of the instant building to C, and completed the registration of the establishment of the instant chonsegwon, but had C reside in the said 302 building and had C reside in the said 302 building.
In order for D to return the deposit even after the lease term expires, C to demand the Defendant, the owner of the building of this case, to return the deposit, and the Defendant returned the deposit to C on behalf of D and received the deposit from C.
Therefore, since the registration of the establishment of chonsegwon of this case secured the lease deposit for the building 302 of this case and the defendant subrogated for it, the defendant can cancel the registration of the establishment of chonsegwon of this case before receiving the deposit by subrogation.