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(영문) 의정부지방법원 2020.01.09 2019나204211
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent operating “E”.

The Defendant C Association (hereinafter referred to as the “Defendant Association”) concluded a mutual aid agreement with Defendant B, which is a mutual aid project operator established to guarantee F business operators’ liability for damages, with the amount deducted as KRW 100 million.

The original trust register [written real estate security trust contract] truster D (hereinafter “A”) shall trust the instant house to I (hereinafter “B”) which is the trustee, and enter into a real estate security trust contract as follows:

Article 1 (Trust Purpose) The purpose of this Trust is to preserve the ownership and security value of real estate held in a trust and to liquidate it in the event of default on the obligations and responsibilities to be borne by “A” through “B.”

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) "A" shall continue to possess and use trust real estate in fact, and shall bear all the expenses incurred in the actual preservation and management of trust real estate, and any other management activities.

(2) Where the prior consent of "B" is obtained, "A" shall not reduce the value of the trusted real estate by establishing rights, such as lease, or changing the current state of the trusted real estate.

Article 10 (Lease, etc.) (3) Where a new lease contract under the name of a lessor is entered into with "A" due to the expiration of the term of the lease or the termination, etc. of the lease contract during the period of the trust, prior consent of "B" shall be obtained pursuant to Article 9

In such cases, "B" is not subject to the rights and obligations in relation to the lease agreement (hereinafter omitted) and (4) Notwithstanding the provisions of paragraph (3), the lease agreement that the "A" voluntarily entered into shall not assert its effect to "B", and the "A" shall compensate for all damages incurred thereby.

[Matters of special agreement] Article 7 (Preferential Beneficiary) ① This trust agreement.

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