(영문) 대구지방법원 서부지원 2018.04.25 2017가단1923

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(영문) 대구지방법원 서부지원 2018.04.25 2017가단1923

보증채무금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. A school foundation is an owner of H 1,715 square meters in Daegu-gu, the site for the instant building, which is the school foundation.

In the end of each contract (No. 2, 3, and 4) of the instant lease agreement entered into between the Plaintiff and C, “A joint and several sureties who is a landowner: School Foundation B” is indicated, and the seal of the Defendant is affixed on the side of the above entry.

On the other hand, the confirmation document (No. 6; hereinafter “the confirmation document of this case”) on the case of protecting the right to lease of a lessee of BOT project prepared in the Defendant’s name on March 4, 2015 under the Defendant’s president’s name is written with the Defendant’s signature and seal as well as three signatures and seals of the head of the Office of Education of Daegu Metropolitan City, Daegu, the Office of Education of Seoul, and three representatives of the occupants of E building.

Details of evidence No. 6 (Certificate) of A

1. If a school juristic person B suffers a fall, it shall succeed to the lease contract in order to protect pure lessees;

2. If a school juristic person B does not fall, pure lessee* is responsible for the whole rental deposit.

The scope of pure lessee shall be discussed at the board of directors.

3.Where paragraph B is rejected by the board of directors, the school foundation B shall pay in accordance with the result of the pure lessee’s action to refund the rental deposit.

C. Upon the termination of the instant lease agreement and the Plaintiff’s instant building delivery, a joint collateral security (No. 9117, July 14, 2014, the Receiving No. 9117, regarding the instant building) was established with the mortgagee-mortgaged mortgage (the Receiving No. 6,500,000,000). However, upon filing an application for voluntary auction against the instant building on October 11, 2016, the instant building was sold to the Defendant on October 11, 2016 at the Daegu District Court Seo-gu District Court’s Seo-gu Branch’s auction against the real estate K real estate rental, and the Plaintiff transferred the instant building to the Defendant around that time.

[Ground of recognition] Gap evidence Nos. 2, 4 through 7, 9, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The argument and judgment.

유사 판례

-대구지방법원 서부지원 2017.04.27 2016가합51966

-대구지방법원 2019.11.27 2018나306933

-대구지방법원 2014.10.08 2013구합2695

-인천지방법원 부천지원 2018.01.24 2017가합100818

-서울서부지방법원 2018.01.10 2017고단1843