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(영문) 서울고등법원 (춘천) 2018.06.20 2017나1856
손해배상(기)
Text

1. From February 25, 2015 to April 30, 2016, this Court added the claim for damages of the rent party to this Court.

Reasons

1. Basic facts

A. On December 7, 2011, Plaintiff A purchased real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant apartment”) from E agricultural partnership on December 7, 201, and completed the registration of ownership transfer under Plaintiff A’s name on December 15, 201.

Plaintiff

On March 17, 2013, B Co., Ltd. (hereinafter “Plaintiff”) purchased real estate listed in the separate sheet No. 2 from the Plaintiff on March 17, 2013, and completed the registration of transfer of ownership under the Plaintiff’s name on March 19, 2013.

The owner of each land H, I, J, K, L, M, and N, which is the site of the apartment of this case, was the F Co., Ltd. (hereinafter “F”).

B. On April 23, 2014, Defendant C Co., Ltd. (the company substantially run by Defendant D, and Defendant D’s wife was the representative director; hereinafter “Defendant Company”) concluded a trust agreement (the beneficiary is the Plaintiff A) with the Plaintiff on the real estate listed in the separate sheet No. 1 (hereinafter “multi-unit housing No. 1”) with the Plaintiff on April 23, 2014, and completed each transfer registration of ownership in the name of the Defendant Company on April 18, 2014 (hereinafter “transfer registration of ownership No. 1”). ② On May 13, 2014, the trust agreement (the beneficiary is the Plaintiff Company) with the Plaintiff Company on the real estate listed in the separate sheet No. 2 (hereinafter “second apartment”) was concluded, and completed each transfer registration of ownership in the name of the Defendant Company (hereinafter “transfer registration of ownership No. 2”).

Each of the above trust contracts concluded for the purpose of managing both the truster and the beneficiary after completion of remodeling works and construction works for the trusted real estate, and provided that the trustee shall pay to the beneficiary the balance after deducting all expenses incurred in the course of tax, public charges, repair charges, management personnel expenses, and other business affairs from the proceeds from the lease or disposal of the trust property.

C. On May 8, 2014, the Plaintiffs and Defendant Company entered into a detailed implementation plan and agreement with respect to each of the above trust deeds (hereinafter “instant agreement”).

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