보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) On February 21, 2012, the Plaintiff entered into a lease agreement with the Defendant and the Defendant, as well as the 331.6524 square meters of childcare facilities within the ASEAN-si apartment complex (hereinafter “instant childcare center”).
(3) The term of lease under the terms and conditions that deposit KRW 30 million, monthly rent KRW 4350,000, and period from May 1, 2012 to April 30, 2015 (hereinafter “instant lease”).
A) A contract was concluded. Around February 15, 2012, the Plaintiff paid KRW 30 million to the Defendant the instant lease deposit. (2) According to the instant lease agreement, the Plaintiff is prohibited from sub-lease, transfer of the right of lease, etc. (Article 10(3)) without the Defendant’s approval, and the contract may be rescinded if it is violated (Article 11(1)); the Plaintiff directly operates the nursery facilities; the Plaintiff is prohibited from sub-entrustment, transfer, lease, etc.; any premium and business right are prohibited; and the contract is terminated immediately if it is violated (Article 11(2) and (1)).
B. On October 2014, the Plaintiff entered into a transfer contract with the Plaintiff and C with C (hereinafter “instant transfer/acquisition contract”) and entered into a contract with C on the transfer of the instant childcare center’s operating right, representative name, etc. to C for premium of KRW 150 million (hereinafter “instant transfer/acquisition contract”).
Upon the expiration of May 2015, the Plaintiff and C agreed to receive the Plaintiff immediately upon the modification of the instant transfer agreement (Paragraph 9) if the representative is not changed upon the expiration of May 2015 (Paragraph 1), and the transfer amount by the end of October (Paragraph 7), and the deposit amount of KRW 30 million (Paragraph 9).
C operated the child care center of this case from around that time.
C. On March 16, 2015, the Plaintiff prepared a written waiver of the waiver (hereinafter “instant waiver”), stating that “The Plaintiff renounced the instant lease deposit of KRW 30 million and transferred it to C.” (hereinafter “instant waiver”).
C The Plaintiff on the same day “instant childcare center.”