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(영문) 서울남부지방법원 2019.11.08 2017가합107453

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. Plaintiff A owned 2,053 square meters (hereinafter “instant land”) on the G miscellaneous land in Gangwon-do, Gangwon-gun, and the Plaintiffs shared 84.9087 square meters (hereinafter “instant apartment”) of H apartment I’s reinforced concrete structure in Seocheon-si, Seocheon-do.

(3/5, Plaintiff B’s equity 2/5). (b)

Plaintiff

On March 9, 2011, Defendant C and Defendant C entrusted Defendant C with the duties of property management, etc. by concluding a “asset management entrustment contract” with the purport that “the Plaintiff shall manage the Plaintiff’s property for a given period and pay a certain contingent fee upon the completion of the contract.”

C. On March 30, 201, at the recommendation of Defendant C, as an authorized person, the Plaintiff entered into a real estate management trust agreement with Defendant F, which held the maximum share of Defendant D, J, and K businesses, a director in the company of Defendant E and J, a director in the company of the J, and Defendant F, who was registered as the business name of Defendant C (hereinafter “J”) and K.

The main contents of the contract shall be as follows:

- The Plaintiff A (hereinafter referred to as “trustee”) shall deliver the instant land to the trustee, Defendant E, Defendant D, and Defendant F (hereinafter referred to as “trustee”), and shall deliver all documents necessary for the management of the instant land, such as registration rights, certificates of personal seal impression, and power of attorney.

- Beneficiary A shall be determined by the plaintiff.

- A trustee may establish a right to collateral security on the instant land by leasing the instant land or borrowing money to the extent necessary for the management of trust property.

- The trustee shall pay to the beneficiary the benefits arising from the management of rent and money belonging to the trust property, and the trustee shall make an advance payment to the beneficiary of the amount calculated by applying 1.5% to the amount of creation of the right to collateral security or the amount of consultation on 30

Defendant F, etc., who is the actual operator of “K” of an individual entrepreneur under the name of J and Defendant E, pursuant to the real estate management trust agreement, shall be the maximum debt amount regarding the instant land in accordance with the real estate management trust agreement.