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Defendant F Co., Ltd. shall pay to the Plaintiff KRW 75,00,000 as well as 12% per annum from July 28, 2020 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff and Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a lease agreement with the Plaintiff on September 11, 2017, 201 with respect to the fourth underground floor H of the 6th underground floor of the instant building (hereinafter “instant building”), 75,000,000, and the term of the contract from December 20, 2017 to December 20, 2019 (hereinafter “instant lease agreement”). Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a lease agreement with the Plaintiff on September 20, 2017, with respect to the remainder of KRW 30,000,000,000 on the instant building on September 20, 2017, and paid KRW 30,000,000 to Defendant D Co., Ltd. (hereinafter “the remainder of KRW 30,000,000 on September 30, 200, 208”).
The lease contract of this case was terminated on December 20, 2019.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings
B. (1) Determination under the relevant legal trust law requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it (Article 1(2) of the Trust Act). Thus, when the trustee completes the registration of the transfer of ownership in the future in the trust of real estate, the ownership inside and outside the country is entirely transferred to the trustee, and the ownership in the internal relationship with the trustee is not reserved to the truster. As such, the validity of the trust is that the trustee has the right to manage the trust property domestically and outside the country as a result of the transfer of the ownership in the trust property to the trustee, and the trustee has the right to manage the trust property as determined by the trust contract. However, the trustee is limited to the management of the trust