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(영문) 서울중앙지방법원 2017.09.01 2016가단145844

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 5, 2006, Echip Ltd. (hereinafter “Echip”) entered into a security trust agreement with the KB real estate trust company (hereinafter “KB real estate trust company”) on June 5, 2006, under which the non-party company entered into a security trust agreement with the National Agricultural Cooperative Federation, Jeju Mutual Savings Bank, etc. (hereinafter “instant trust agreement”) to trust 59 units of apartment units on the 59 units of the same complex, including Suwon-gu, Suwon-gu, Suwon-gu, and the No. 1506 (hereinafter “instant apartment”) on the 49 units of apartment units, including Suwon-gu, Suwon-gu, and completed the same day trust registration.

B. On September 29, 2006, the Plaintiff entered into a lease agreement with the non-party company to jointly lease the instant apartment with E by setting the deposit of KRW 110 million, the term of the lease from October 11, 2006 to October 11, 2008 (hereinafter “instant lease agreement”).

C. However, according to the instant trust agreement, the right to lease the trust property, such as the instant apartment, is in the K non-real estate trust, which is a trustee. However, it was stipulated that the non-party company may lease the instant lease contract without the prior consent of the K non-real estate trust and the preferential beneficiary. However, the non-party company concluded the instant lease contract without the prior consent of the K non-real estate trust, etc.

At the time of the conclusion of the instant lease agreement (Evidence 1), the following is written: (a) “this agreement shall belong to the Company; (b) “The status of management of K non-real estate trust on the present certified copy of the register of the register of the names of the Companies”; and (c) “The Lessee obtained a written consent to the K non-real estate trust after verifying the outstanding deposit, and deliver it to the lessee within two to three weeks from the outstanding payment date; and (d) if it is impossible to deliver the written consent, the contract shall be automatically terminated;