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(영문) 부산지방법원 2020.10.20 2019가단329139
손해배상(기)
Text

The Defendants are 5% per annum from September 10, 2020 to October 20, 2020, respectively, to each Plaintiff.

Reasons

1. Facts of recognition;

A. On June 13, 2017, D Co., Ltd. (hereinafter “Nonindicted Company”) concluded a real estate security trust agreement with respect to the six units of the above building including the 7th floor Eth (hereinafter “instant real estate”) located in Busan High-gu, Busan High-gu, as the first beneficiary of the G Union, and with respect to the trustee as H Co., Ltd. (hereinafter “H”), on June 13, 2017, on which the registration of ownership preservation was completed on the instant real estate under the name of Nonparty Co., Ltd. at the same time as the registration of ownership preservation was completed.

B. On April 1, 2019, the Plaintiff entered into a lease agreement with a non-party company and the period of KRW 100 million for the lease deposit (hereinafter “instant lease agreement”) for two years from April 10, 2019 to April 9, 2021, and thereafter paid KRW 100 million to the non-party company and occupied the instant real estate on April 9, 2019.

C. The instant lease agreement was concluded as a broker by Defendant B, a licensed real estate agent. Of the confirmation and explanatory note of the object of brokerage, the “rights relationship” and “matters concerning the rights of objects that are not yet publicly announced” are indicated as follows:

The lease contract of this case has no effect on the trustee without obtaining prior consent of the trust company, which is the trustee, according to the contents of the original trust ledger having the effect of the registry, and the lessee cannot obtain opposing power.

However, Defendant B and I, a brokerage assistant thereto, did not explicitly notify the Plaintiff that prior consent of the trustee is necessary in mediating the instant lease agreement.

E. On August 20, 2019, the JA requested the Plaintiff to leave the instant real estate on the ground that the Plaintiff occupied the instant real estate without permission, as the priority beneficiary of the instant real estate trusted.

F. The Defendant C Association (hereinafter “Defendant Association”) is a person who has entered into a mutual aid agreement with Defendant B to guarantee liability for damages.

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