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(영문) 대구지방법원 2019.01.16 2018나306926

보증금반환

Text

1. Revocation of the first instance judgment.

2. Upon the plaintiff's primary claim which was selected by the trial, the defendant shall be the defendant.

Reasons

1. Basic facts

A. The Defendant is a school foundation that operates K Middle Schools and L High Schools.

J controlled the defendant's duties as the defendant's director and the head of planning office from September 26, 2009 to August 20, 2014.

B. On December 21, 2012, M, the Defendant’s president, constructed a building on behalf of the Defendant, and entered into a contract for the implementation of BOT business with the content that, on behalf of the Defendant, C (hereinafter “C’s representative director”), C, a total of 4,483 square meters in total, of 1,196 square meters in the land for D school in Daegu-gu, Daegu-gu, where the Defendant owned, by raising funds, and KRW 1,572 square meters in the O school site, and 1,715 square meters in the H school site (hereinafter “instant project site”), and received profits by operating the building for 45 years, and then transferred the management right to the Defendant.

C. On June 30, 2014, the Defendant changed the land category of the instant project site to a site. C newly constructs an aggregate building with six business facilities of reinforced concrete structure on the ground of the 1,196 square meters of D school site in Daegu-gu (hereinafter “instant land”) pursuant to the implementation contract, and completed registration of initial ownership on July 14, 2014 in the name of C as to the said aggregate building.

(hereinafter referred to as the “E Building Fdong”) d.

On July 23, 2014, the Plaintiff entered into a contract with C to lease (hereinafter “instant lease”) the E building Fdong G heading 12.6 square meters (hereinafter “instant commercial building”) as indicated in the “Virtual lease agreement” following the Plaintiff’s agreement.

Article 2 [Term of Lease] C of the Commercial Building Lease Contract shall deliver the commercial building of this case to the plaintiff at the time of conclusion of the lease contract, and the term of lease shall be five years from the date of delivery.

Article 3 (Rental Deposit and Rent)

1. Rental deposit: 50 million won;

2. Monthly rent: Article 4 (Refund of Rental Deposit) of the KRW 1 million.

1. When a lease contract is terminated or terminated, the rental deposit paid by the Plaintiff to C shall be offset against all kinds of expenses such as rent, management fee, etc. and other expenses to be paid to C.