(영문) 대구지방법원 서부지원 2017.04.27 2016가합51966

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Reasons

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(영문) 대구지방법원 서부지원 2017.04.27 2016가합51966

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

(b) the facts of the basis;

A. On January 20, 2014, the Plaintiff entered into a lease contract between the Plaintiff and Nonparty C with respect to the E-building No. 101, 102, 80.24 square meters (hereinafter “instant building”) located in Daegu-gu, Seogu, Daegu-gu, Inc. (hereinafter “C”) owned by Nonparty C (hereinafter “C”) as a merchant carrying on a real estate leasing business, and both the Plaintiff and Nonparty C transferred the lease deposit amount of KRW 50 million from January 20, 2014 to January 19, 2019 (hereinafter “the instant lease contract”).

(b) The status of the defendant and the preparation of a joint and several guarantee contract, etc. under the name of the defendant;

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.

The Defendant is the owner of 1,715 square meters in Daegu-gu, Daegu-gu, which is the land for the instant building by the school foundation.

In the end of the contract of the instant lease agreement entered into between the Plaintiff and C (No. 1-1), “A co-sureties who is a landowner and a joint and several surety: school juristic person B” is indicated, and the seal of the Defendant is affixed on the side of the above entry.

On the other hand, the defendant's letter of confirmation (No. 3) signed on March 4, 2015 in the name of the president of the board of directors of the Seoul Metropolitan City Office of Education and three signatures and seals of the representative of the E resident in the Daegu Metropolitan City Office of Education as well as the following:

C. Termination of the instant lease agreement and the Plaintiff’s instant building delivery

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