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1. The Defendants jointly share KRW 12,500,000 to the Plaintiff and Defendant B with respect thereto from March 6, 2015.
Reasons
1. Basic facts
A. Defendant B is a licensed real estate agent operating the mutual real estate brokerage office of “D” in Gyeyang-gu Incheon, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant B with the content that the damage shall be compensated within the limit of the subscription amount if the damage is inflicted on the transaction party due to intention or negligence in performing the real estate brokerage business by setting the deductible amount as KRW 100,000,000 and the period of the mutual aid amount as from August 22, 2012 to August 21, 2013.
B. On November 7, 2012, the trust contract with the trustor E and the trustee as an international trust corporation (hereinafter “international trust”) was concluded on November 7, 2012 regarding the third floor of the F third floor in Gyeyang-gu, Incheon (hereinafter “instant building”). Accordingly, the registration of ownership transfer based on the trust name in the name of international trust was completed on the same day.
C. In the instant trust contract, “a truster shall not engage in an act to reduce the value of the trusted real estate by means of the creation of a right, such as a lease, or the alteration thereof, if there is no prior consent of the trustee (Article 9(2)),” and “where a new lease contract is entered into with the name of the lessor as the truster due to the expiration of the term of the lease contract, the termination of the lease contract, etc. during the period of the trust, the trustee shall obtain prior consent from the trustee pursuant to Article 9(2). In this case, the trustee shall not bear any rights and duties in relation to the lease (Article 10(3)),” and “Notwithstanding the above provisions, the lease contract entered into at will with the truster may not be asserted to the trustee as effective (Article
On January 21, 2013, the Plaintiff is Defendant B-.