(영문) 수원지방법원 2016.04.12 2015가단134968

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(영문) 수원지방법원 2016.04.12 2015가단134968

손해배상(기)

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1. The plaintiff

A. Defendant B Co., Ltd. shall be KRW 35,00,000 and its amount shall be from October 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On February 17, 2014, the Plaintiff entered into a lease agreement with Defendant B Co., Ltd. (former D Co., Ltd.; hereinafter “Defendant Company”) under which the Plaintiff leased the Suwon-si E and 803 (hereinafter “instant real estate”) from the Defendant Company during the lease period from March 8, 2014 to March 7, 2015, the lease deposit amount of KRW 35,000,000, and the rent of KRW 130,000 per month (hereinafter “instant lease agreement”).

B. On February 15, 2013, the registration of ownership transfer was completed in the Defendant Company’s future on February 15, 2013, one asset trust (one stock company prior to the change; hereinafter “one asset trust”) and the ownership transfer registration was completed due to the trust in the future.

C. The instant lease contract was mediated by Defendant C, a licensed real estate agent.

The contract was signed by the Plaintiff and Defendant C while the representative director of the Defendant Company was not present at the meeting delegated by the Defendant Company, and the Defendant C was written in his office by affixing the seal of the Defendant Company to the contract.

The lease contract of this case is merely stated as the "verification that it is registered as one of the present trusts" in relation to the trust of the above B, and there is no indication that the defendant C has mediated the contract, and the confirmation and explanatory note of the object of brokerage is not prepared and delivered.

E. The real estate security trust agreement between the defendant company and one asset trust, which appears in the original trust register, provides that the defendant company shall obtain the prior approval of one asset trust in the event of the conclusion of the lease agreement on the real estate in this case, and that the lease agreement which the defendant company concluded at will without such consent cannot be asserted in one asset trust.

In addition, the special terms of the above real estate security trust agreement are stipulated.

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