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(영문) 서울중앙지방법원 2020.09.17 2018가합529870

손해배상(기)

Text

Defendant C and D shall jointly:

A. The Plaintiff A’s KRW 72,00,000 and the Defendant C’s 1 against this. < Amended by Act No. 15014, Nov. 23, 2018>

Reasons

1. Basic facts

A. The Plaintiffs are the lessees who leased part of each of the buildings with the 1st underground and the 8th ground surface of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant buildings”) from Defendant C.

Defendant D worked as a licensed real estate agent, Defendant E as a brokerage assistant, and the office of the I Licensed Real Estate Agent in Yeongdeungpo-gu Seoul Metropolitan Government and the first floor.

The defendant company is an insurance company with the purpose of guarantee insurance business, credit insurance business, etc. under the Insurance Business Act.

B. On July 4, 2013, Defendant C completed the registration of ownership transfer on the instant building and site on July 2, 2013. (2) Defendant C received a total of KRW 2.1 billion from J, K, L, and MN associations (hereinafter “O unions, etc.”) on June 2, 2015 and entrusted the instant building and site to P Co., Ltd. (hereinafter “P”) as collateral and entrusted the instant building and site to the P Co., Ltd. as a priority beneficiary (hereinafter “instant trust agreement”). On the same day, Defendant C completed the registration of ownership transfer on the instant building and site as a result of trust.

The part relating to the instant trust agreement is as follows.

A real estate security trust contract form C (hereinafter referred to as the "trustee") shall entrust Q land in Yeongdeungpo-gu Seoul Metropolitan Government and the building in this case on its ground to P (hereinafter referred to as the "trustee") and the trustee shall conclude a real estate security trust contract as follows in accepting the trust:

Article 10 (Preservation, Management, etc. of Trust Real Estate) (3) No truster shall, without the prior consent of the trustee, restrict the ownership of, or reduce the value of, trusted real estate by means of the establishment of rights, such as lease, or changes in the current state, etc.

Article 11 (Lease, etc.) (1) Before a trust contract is concluded.

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