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(영문) 서울서부지방법원 2015.06.26 2014가단38305
임대차보증금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 19, 2013, Defendant B completed the registration of ownership transfer on the ground of sale on November 6, 2013 with respect to No. 101 (59.49m2, hereinafter “instant real estate”) of Jung-gu, Seoul and one parcel E (59.49m2, hereinafter “instant real estate”), and completed the registration of ownership transfer to the trustee Korea Trust Co., Ltd. (hereinafter “Korea Trust”) on the same day.

B. Article 1 of the Special Provisions regarding the Real Estate Security Trust Agreement concluded on November 19, 2013 (hereinafter “instant trust agreement”) with the Korea Trust as the first priority beneficiary (the maximum amount of profit) designated by Defendant B as the first priority beneficiary (the maximum amount of 220,000,000 won), provides that “When concluding the lease agreement, the said trust agreement shall be terminated, and the truster or the first beneficiary shall be borne by the trustee upon the occurrence of a lawsuit against the trustee in connection with the lease.”

C. On February 13, 2014, the Plaintiff concluded a lease agreement with Defendant B and Defendant C regarding the instant real estate as the broker of Defendant C (hereinafter “instant lease agreement”). From February 14, 2014 to February 14, 2016, the lease agreement was concluded between Defendant B and the Plaintiff as the monthly rent of KRW 400,000 (after February 30), and the period from February 14, 2014 to February 14, 2016 (hereinafter “instant lease agreement”).

The Plaintiff remitted to Defendant B’s account the sum of KRW 20 million on February 13, 2014, KRW 20 million on March 31, 2014, KRW 10 million on April 1, 2014, and KRW 50 million on April 1, 2014. The Plaintiff occupied the instant real estate and obtained a fixed date thereafter.

“The monthly rent contract (A evidence 1-1-4)” prepared at the time of the conclusion of the instant lease agreement refers to a certificate No. 1, stating the description of the title section of the attached Form 3 registry, “the confirmation description of the object of brokerage (A evidence 1-4),” “the copy of the Defendant B’s driver’s license (B evidence 1-5),” “the trust period, beneficiary, debtor, and revenue limit (A evidence 1-1),” and “the indication of the instant real estate.”

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