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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 48,700,016 and Defendant P&S.
Reasons
1. Facts of recognition;
A. Defendant P&PPPing Co., Ltd. (hereinafter “Defendant Company”) entered into a trust agreement for Defendant P&P bargaining (hereinafter “Defendant Company”) as the owner and interest holder of “E” located in Gangnam-gu Seoul and D. On October 16, 2007, the Plaintiff concluded a real estate security trust agreement with the K non-real estate trust company (hereinafter “K non-trust”) on the fifth floor 501 square meters of “E” and 172.48 square meters of “E” (hereinafter “instant real estate”), and completed the registration of transfer of ownership based on the trust with the K non-trust.
B. On March 10, 2015, the Plaintiff acquired the Plaintiff’s ownership and the Plaintiff completed the registration of ownership transfer based on the sale and purchase of the instant real estate on January 9, 2015, and on the same day, the registration of ownership transfer was made against the K non-trust on the same day.
Under the trust agreement with the KF Trust, the Plaintiff, the truster, agreed to preserve, maintain, and repair the instant real estate.
On August 28, 2015, the Plaintiff terminated the trust agreement with the KF Trust, and completed the registration of ownership transfer based on the trust with the GFF Trust Co., Ltd. on the same day.
C. On January 201, the Defendant Company violated the above real estate security trust agreement and leased the instant real estate to F Co., Ltd. (the representative director, G, Defendant B), H and I Co., Ltd. (the Defendant Company omitted and omitted the said Company’s “stock company”), and the said Company did not register the instant real estate.
Accordingly, the case trust has won the case against the above tenant company in favor of the building delivery lawsuit.
(Seoul Central District Court Decision 2013Da15441 Decided April 1, 2014). The case trust confirmed that the possession was transferred to the Defendants, who were F’ successors on November 3, 2014.