beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons for the court's explanation of this case is as follows: "On the other hand, the plaintiff" of Section 21 of Section 2 of the judgment of the court of first instance, "No. 201," "No. 3, No. 5" of Section 201, "No. 4, "Act No. 14" of the Housing Lease Protection Act (amended by Act No. 12034, Aug. 13, 2013; hereinafter the same) and "No. 5, No. 9, 10" of the Housing Lease Protection Act (amended by Act No. 12043, Aug. 13, 2013; hereinafter the same), "No. 2," of Section 21 of the judgment of first instance, "No. 5, No. 9, and the defendant added "No. 201," and "No. 420 of the Civil Procedure Act shall be cited as the reasons for the judgment of the court of first instance, except for additional judgment "2."
2. Additional determination
A. The defendant's assertion ① The defendant is not the case No. 201 of this case from C, but the Jongno-gu Seoul Metropolitan Government Building No. 202 of "No. 202".
A) The Defendant purchased the shares of subparagraph 201, instead of acquiring ownership of subparagraph 202, the Defendant agreed to acquire the ownership of subparagraph 201, on condition that both the instant subparagraphs 201 and 202 are not restricted in the exercise of ownership, such as the right of lease, etc., from the Seoul Central District Court Decision 2006Da45724 (the principal lawsuit), 207Kadan3043 (Counterclaim), 207Gadan3046 (the court’s recommendation in the conciliation procedure of the counterclaim) between C and D, E, and F participating as the Intervenor, and accordingly, the Defendant returned the lease deposit of subparagraph 202 to E, and delivered subparagraph 202 after leaving the lessee, but E did not fulfill the above conditions, etc.
Therefore, the obligation to return the above lease deposit to the Plaintiff, a lessee under 201 of this case, is borne by E, not the defendant.
② The Plaintiff filed a lawsuit against C seeking the payment of KRW 42,64,250,00,000,000 for the unclaimed lease deposit under the instant 201.