손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs jointly owned 1/2 shares of 1079m2 and 94m2 of forest land E (hereinafter “each land before land substitution”) in Seo-gu Incheon, Seo-gu.
B. On November 15, 2012, the Plaintiffs drafted a power of delegation to F Co., Ltd. (hereinafter “F”) all acts, such as sale, construction, completion, sale, and sale price management, and disbursement, with respect to each land and its ground buildings prior to replotting.
C. On December 18, 2012, the Plaintiffs entered into a trust agreement with the Defendant on each land before replotting, whereby the first beneficiary is a G Union and the debtor F Co., Ltd. (hereinafter “instant trust agreement”). On the same day, the Plaintiffs completed the registration of trust in the name of the Defendant as to each land above.
Some of the terms of the instant trust agreement are as follows.
Article 12 (Duty of Good Faith and Liability for Warranty) (1) A trustee shall have the duty of due care as a good manager for the preservation, management and other trust affairs of real estate in trust, and the truster shall assume the responsibility for the defects of
(2) Even if any loss is incurred to the truster or beneficiary, the trustee shall not be held liable, unless it is caused by intention or negligence by the trustee.
Article 25 (Matters to be Reported) (1) Where any of the following grounds arises, the truster or his/her heir shall, without delay, report in writing to the trustee:
2. Death or domicile, change of name, capacity to act, etc. of the truster and his agent, or other persons related to trust, and change of the reporter’s seal.
Pursuant to the disposition of land substitution by H District Land Readjustment Project on May 27, 2013, each land before replotting was disposed of as a land substitution disposition of 137.6 square meters in Seo-gu Incheon Metropolitan City (hereinafter “instant land”).