임대차보증금
1. The Defendant’s KRW 127,00,000 as well as 5% per annum from January 25, 2019 to April 9, 2019 to the Plaintiff.
1. Basic facts
A. From September 25, 2017, the registration of ownership transfer was completed on September 25, 2017 with respect to the building D heading 56.37 square meters (hereinafter “instant building”) in Gwangju-si, which was owned by the Defendant (hereinafter “instant building”) due to the said trust on September 25, 2017.
According to the trust ledger between Co., Ltd. and the defendant, the defendant, the truster, cannot enter into a lease contract, etc. without the prior consent of the trust trustee E and the preferential beneficiary (FF Association).
(Article 9(1) and Article 6(1)(b) of the Special Agreement
On January 15, 2019, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 127 million as to the instant lease deposit.
(hereinafter “instant lease agreement”). Paragraph (3) of the instant lease agreement provides that “The instant building is entrusted to E companies, but the actual owner of leased property is the truster.”
C. By January 15, 2019, the Plaintiff paid KRW 127 million to the Defendant as the lease deposit.
[Reasons for Recognition: Unsatisfy, Entry in Evidence A, Nos. 1, 2, 4, and 5, and the purport of the whole pleadings]
2. The judgment on the cause of the claim is without the consent of the trust-based corporation E and the FF association, the priority beneficiary, and the defendant did not notify the plaintiff of such circumstance at the time of concluding the lease contract, and the defendant did not obtain the consent of the F association, the priority beneficiary of the Co., Ltd. up to now.
The circumstance that the lessee is obligated to deliver the leased object to the trustee even after the lease period is extended without the consent of the trustee and the preferential beneficiary can not be anticipated.
Therefore, prior to the conclusion of the lease, the Defendant is obliged to inform the lessee of the fact that the Defendant has no right to lease the leased object lawfully without the consent of the priority beneficiary, etc.
I would like to say.
Nevertheless, it is not possible.