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서울중앙지방법원 2017.09.14 2016가합577004

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. (6) The Defendant issued and delivered the certificate of beneficial interest to the Plaintiff on the same day in accordance with the instant trust contract, and the certificate of beneficial interest is written as follows.

* Pharmaceuticals *

2.(Attachment) This deed is issued in order to certify the limits and order of receipt of the Plaintiff’s original trust proceeds.

3. [Limits on Rights to Benefit of Certificates] The amount of instruments indicated on the front side shall be the maximum amount payable by the plaintiff as principal and interest from the proceeds of realizing trust property.

10.(Contents of senior rights, such as leases) The details of senior rights, such as leases, indicated on the back side, shall be based on the date of issuance of this certificate, and may be increased or decreased by change, termination, new contracts, etc. of future rental agreements.

* The amount of the deed of beneficial interest (for real estate collateral trust) certificate: 690,00,000 won: the plaintiff, debtor: The first order of delivery of the original trust document; the property value: 520,000,000 won: the trust period from November 4, 2015 to the completion of debt settlement * the lease and other relevant matters: None.

C. After the payment of the instant loan, the Plaintiff became the remitter of KRW 16,612,229 on Nov. 4, 2015 pursuant to the instant loan contract, and the remitter of KRW 400,024,00 on Nov. 4, 2015, however, in full view of the entries in the evidence No. 8 and the purport of the entire pleadings, it is paid to B as the instant loan.

On November 5, 2015, the sum total of KRW 460,00,00 was paid to KRW 38,363,771, 5,000,000.

B In the meantime, at the time of the conclusion of the instant loan agreement, B arbitrarily deleted the contents related to lessee D from among the details of inspection of the transfer household regarding the instant real estate (including the same person) and presented them to the Plaintiff.

Accordingly, the Plaintiff is the Plaintiff.