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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On August 2, 2007, the Plaintiff entered into a lease agreement with C and D (hereinafter “D”) under which the lease deposit amount is KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000
B. The above G building including the instant store (hereinafter “instant commercial building”) was originally owned by H 65/267 shares, I 50/267 shares, and C 152/267 shares, and H and I transferred all the shares owned by each of the instant commercial buildings to D on October 5, 2007.
In addition, C and D concluded a real estate disposal trust agreement with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the instant commercial building with the beneficiary C and D, and transferred the ownership of the instant commercial building to Korea Land Trust, and entered into a contract on the transfer of beneficial rights to the instant commercial building with Defendant Korea Investment Securities Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”).
C. Even after the conclusion of the trust contract and the contract for the transfer of the right to benefit of this case, the Plaintiff still pays a difference to the account designated by J, the representative director of D, and on August 11, 2008, the Plaintiff received a notice of the name of the Defendant Company’s business proprietor (hereinafter “the instant notice”), stating that all vehicles generated from the instant commercial building, including the instant store, should be deposited into the account under the name of D managed by the Defendant Company, as a plan to sell the instant commercial building individually, and did not pay a difference from August 208.
C and D’s acquisition of rent claims based on the instant lease agreement from Changwon District Court Decision 2010Gahap200 on August 19, 2009 against the Plaintiff on February 2008.