(영문) 서울중앙지방법원 2015.02.04 2014나26537

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(영문) 서울중앙지방법원 2015.02.04 2014나26537

보증금지급반환

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

purport, purport, and.

Reasons

1. Basic facts

A. On April 8, 2004, A, who was the owner of Gangseo-gu Seoul Metropolitan Government Ten Generation (hereinafter “the instant lending”), entered into a donation agreement with the standing director J. 1 (hereinafter “I”) stating that “I newly establishes a school juristic person and takes over K University, and A shall assume office as the president of a university and receive retirement age, with the condition that A shall be granted the retirement age, and A shall gratuitously donate eight households, excluding subparagraphs 401 and 402 among the ten households of the instant lending 10 (hereinafter “the instant donation agreement”), and completed the registration of ownership transfer in the future of I on June 20, 205 (hereinafter “the instant donation agreement”).

B. On February 23, 2006, I concluded a lease contract with the Defendant for the lease deposit of KRW 40,000,000, monthly rent of KRW 100,000, and the lease deposit of KRW 20,000 from March 23, 2006 to March 22, 2008 (hereinafter “the lease contract of this case”), and received the above lease deposit from the Defendant. The Defendant has the same year.

3. 23. The instant real estate was handed over and completed the move-in report on the 24th day of the same month.

C. However, I did not have the ability to establish a school juristic person or to take over the K University.

Accordingly, A filed a lawsuit seeking cancellation of ownership transfer registration against 8 households of this case, which was donated to A, including the real estate in this case, by asserting that the contract of this case was cancelled due to the fraud of J, which exercised as the representative of the Foundation, and that A was awarded a favorable judgment on January 27, 2008.

The above judgment became final and conclusive on February 11, 2008, and the registration of transfer of ownership of the loan of this case 8 generation was cancelled on October 28 of the same year.

A The instant lease agreement is null and void as it leases the instant real estate, which is an endowment, without the permission of the competent administrative agency, or on the ground that A was fraudulent.

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