本人訴訟体験からの法律学修（３） : 連絡ミスで累積した賃料連帯保証債務の免除

Legal Learning through the Experience of Lawsuit in Person (3): The Socio-Legal Studies on a Case of Having Forgiven his Debt Owing of Rents Increased without Report to a Joint Guarantor

Hata Hiroto

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Abstract

As a third report of the socio-legal studies through my series of litigations in person, a not filing case I dealt with several years ago is introduced. It had the complicated legal problems whether our condominium association charged some monthly parking rents of a tenant dying alone to the joint guarantor or not, and, if any, how much of the former’s negative heritage. Having received the notice of his excessive debt and non-dividend from the lawyer who the family court had appointed as a property custodian, our board of directors deliberately discussed on the cosigner’s responsibility in six months. Then I, as the chairperson, found and referred to the neighborhood case regarding to the ten years cumulative rents of a municipal house. In the case the district court held that the main role of such a comaker was to remind the primary obligator of payment rather than a last security or money tree, and dismissed the claim in a lump at all as an abuse of creditor’s right, because the municipal, as a debtee, had failed to demand him throughout last 13 years. Later the higher court also affirmed the abuse but approved only one year payment of ten years amount claimed to the joint surety, like subsequent similar cases. Although we had calculated costs and benefits of a lawsuit and considered respective contributions of all parties in details, only to decide disclamation, I, as a legal scholar, could find and study some precedents and recent corrections of civil law at great length. I showcase the process of our legal deliberation by lay persons as a typical case of no legal actions that would never be counted in official statistics and so be the treasurable legal lesson.

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Keywords

Judicial Cost

Lawsuit in Person

Condominium Association

Joint Guaranty

Debt Relief

裁判費用

本人訴訟

建物管理組合

連帯保証

債務免除

Rights

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