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(영문) 서울중앙지방법원 2018.07.18 2017가합537836
임대차보증금
Text

1. Preliminary Defendant: KRW 98,571,428 for Plaintiff A, Plaintiff B, and C, respectively, and each of them on January 2, 2018.

Reasons

1. Basic facts

A. The network E and the ancillary Defendant (hereinafter “the network”) entered into a lease agreement between the network E and the ancillary Defendant (hereinafter “PS”) around 1993, around 1993, the primary Defendant (the first trade name was “FF,” but the change was made to “F,” on April 16, 2002, and thereafter, on March 30, 2009, the change was made to “D,” a trade name, as the current trade name.

(2) On September 29, 2005, the deceased entered into a lease agreement with the conjunctive Defendant and the instant commercial building at KRW 230,000,000 for deposit money, and KRW 2,550,000 for monthly rent, and on the same day, the ancillary Defendant paid KRW 230,00,000 for deposit money.

B. On January 11, 2008, the primary Defendant and the Vien Tech Co., Ltd. concluded a trust agreement between the primary Defendant and the primary Defendant on the instant building with the primary Defendant and the primary Defendant as the first priority beneficiary (hereinafter “instant trust agreement”). On the same day, the transfer registration of ownership based on the trust (hereinafter “instant trust registration”) was completed to the primary Defendant. Article 9 (Preservation, Management, etc. of Trust Property) of the Trust Trust Register (1) of the Trust Trust Trust Trust Register shall be in fact continued possession and use of the trusted real estate, and the truster shall bear all the expenses incurred therefrom. ② The truster shall not establish the right to lease, etc. or reduce the value of the instant real estate by means of modification, etc., if there is no prior consent of the trustee.

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