(영문) 서울중앙지방법원 2017.03.09 2016가단71660

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(영문) 서울중앙지방법원 2017.03.09 2016가단71660

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On March 21, 2014, the Plaintiff concluded a lease agreement with a non-party D&D Co., Ltd. (hereinafter “non-party D&D Co., Ltd”).

(C) No 416 of the fourth floor of the building “C” located in Jung-gu Seoul Metropolitan Government (hereinafter referred to as the “instant office”).

(C) As to the term of lease deposit, the term of lease contract is set from April 23, 2014 to April 23, 2016 (hereinafter “instant lease contract”).

(2) On March 21, 2014, the date of the contract, the Plaintiff entered into a lease deposit of KRW 70 million, the deposit amount of KRW 7 million in the bank account in the name of the Asian Trust Co., Ltd., and deposited KRW 63 million in the bank account in the name of the non-party company on April 23, 2014.

3) The Plaintiff completed business registration on April 10, 201, and received the instant office on the 23th of the same month. (b) At the time of the conclusion of the instant lease agreement, the instant office was in the status where the registration of ownership transfer was made in the name of the trustee Asian Trust Co., Ltd. according to the trust of the non-party company. On April 8, 2014, the non-party company recovered its ownership on the ground that the trust property belongs to the trust property, but the ownership was transferred to the Defendant on the 8th of the same month due to the trust as of April 4, 2014.

2) On April 4, 2014, Nonparty Company concluded a real estate security trust agreement with the Defendant on 61 offices, etc. owned by Nonparty Company C, including the instant office (hereinafter “instant trust agreement”).

The following provisions are included herein. <1> B> before this trust agreement, A (trustee, Nonparty 2; hereinafter the same shall apply) is prior to this trust agreement.

If a lease contract is concluded between a lessee and a lessee, the lease contract shall be valid in its entirety, and A shall continue to maintain the status of the lessor, such as the obligation to return the lease deposit, other responsibilities and rights as the lessor.

except that.

유사 판례

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