채권담보 목적으로 설정된 전세권의 효력 - 대판 2021.12.30., 2018다268538 -

In principle, the lease right set for the security of the lease deposit return bond is valid. If the lease contract is concluded between the parties that have been validly concluded separately, if the lease right is set up to secure the lease deposit return bond separately, the parties will be willing to establish the lease right in accordance with the lease right setting contract. Therefore, such lease right setting contract should be said to be valid. In other words, it is not possible to discuss the law of misrepresentation if the charter right is valid because the possibility of use and profit of the real estate of the charter owner is recognized. As long as the validity of the chonsei for the security of the bond is recognized, it should be regarded as the establishment of the chonsei as stipulated in the Civil Act. Therefore, even if the chonsei is set up in place of the deposit, it can not be deducted such as overdue chime as long as the validity of the chonsei is recognized. In other words, it is not possible for a chonsegwon setter to claim a third party who has acquired a chonsegwon mortgage on the deduction of overdue rent that can be claimed as a bond in relation to the chonsegwon holder, which is irrelevant to the good and evil of the chonsegwon holder. Even if the mortgagee is malicious, the conclusion can not be changed.