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Reasons
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(영문) 서울중앙지방법원 2017.02.08 2016나18561
임대차보증금반환
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 3, 2006, Scco Co., Ltd. (hereinafter “Scco”) entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on the instant building located outside D and 46 parcels in Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”), whereby the first beneficiary was sold to the Kcco Co., Ltd. (hereinafter “Scco”), the Kacco Ltd. (hereinafter “GKI”), the Kacco Ltd. (hereinafter “instant trust agreement”), and the Ecco Mutual Savings Bank (hereinafter “instant trust agreement”), and completed the registration of ownership transfer on February 6, 2006 with the Korea Asset Trust on the ground of the instant trust agreement.

However, among the instant trust agreement, the provisions relating to the lease contract for the instant building are as follows.

Article 4 [Management of Trust Real Estate] (1) A trustee shall perform important matters related to the performance of the duties related to the trust in consultation with GK, and the trustee shall perform the management and modernization of ownership of the trust real estate, and the transfer of ownership at the request of GK, and all the management of trust real estate shall be performed by the truster on his/her responsibility

2. Article 10 of this Agreement does not apply to the instant trust agreement.

In other words, maintenance and management affairs for lease and lease are not transferred to the trustee.

(3) When concluding a lease contract, a truster shall obtain consent in advance from GKI.

B. On June 29, 2007, the Plaintiff leased the instant 12002th floor of the instant building (hereinafter “the instant officetel”) with a deposit of KRW 35 million (the contract deposit KRW 10,000 shall be paid on the day of the contract and the balance of KRW 35 million on June 30, 2007 following the following day), with a fixed period of 36 months from June 30, 2007 (hereinafter “the instant lease”). The Plaintiff completed the move-in report on July 3, 2007 and received a fixed date.

C. The Defendant on June 2, 2014

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