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(영문) 서울서부지방법원 2014.05.01 2013가단7601
손해배상(기) 등
Text

1. The Defendants’ respective Plaintiff KRW 24,500,000 and Defendant B with respect thereto from April 23, 2013.

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C’s agent D on the third floor of F building Nos. 304 located in Eunpyeong-gu Seoul (hereinafter “instant real estate”).

(2) Defendant B is a real estate broker who arranged the instant lease agreement, and Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) concluded a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with Defendant B and the insurance period from March 8, 2011 to March 7, 2012 under the Business Affairs of Licensed Real Estate Agents of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”).

B. C’s acquisition of ownership and trust C completed the registration of ownership transfer on November 23, 2005 with respect to about 40 households of approximately 11th floor building Ftel in Eunpyeong-gu Seoul, including the instant real estate, due to voluntary auction on November 23, 2005. On the same day, Korea Asset Trust Co., Ltd. entered into a trust agreement with Korea Asset Trust Co., Ltd. with the following terms, and completed the registration of ownership transfer on the ground of the said trust (hereinafter “instant trust registration”).

A trust agreement for the disposal of real estate in the original trust register (hereinafter referred to as "trustee") shall trust the instant officetel (hereinafter referred to as "trust real estate") to the Korean Asset Trust (hereinafter referred to as "trustee") and the trustee shall enter into a real estate security trust agreement in accepting the instant officetel as follows:

Section 1.(Purpose of Trust) In order to ensure the management of ownership of real estate in trust and the performance of obligations or responsibilities to be borne by the truster (including the debtor, if any; hereinafter the same shall apply).

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