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(영문) 부산지방법원 2021.03.31 2020나59710
손해배상(기)
Text

Of the judgment of the court of first instance, the Defendants’ failure in excess of the amount ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. Defendant B is a certified broker who operates a certified brokerage office (hereinafter “instant brokerage office”) and the Defendant C Association (hereinafter “Defendant Association”) is a mutual aid contractor who has entered into a mutual aid agreement with the parties involved in the transaction by intention or negligence in the course of brokerage.

B. On August 25, 2017, the Plaintiff entered into a lease agreement with E (hereinafter “instant lease agreement”) with the instant brokerage office, setting the deposit amount of KRW 30 million with respect to the 5-story Gho (hereinafter “instant building”) on the F of Busan-gu Busan-gu F (hereinafter “instant building”), KRW 490,000,000,000,000 from September 4, 2017 to September 3, 2018, and paid the deposit amount of KRW 30,000,000 to the Nonparty Company.

(c)

On June 13, 2017, prior to the conclusion of the instant lease agreement, the non-party company entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the H association as the first priority beneficiary in relation to the instant building, and the trustee as the I corporation (hereinafter “I”), and completed the registration of transfer of ownership on June 19, 2017 due to the said trust agreement. The main contents of the said trust agreement are as follows.

Article 1 [Purpose of Trust] The purpose of this trust is to preserve the ownership and security value of real estate in trust through I to guarantee the fulfillment of obligations or responsibilities owed by the non-party company, and to liquidate the debt of the non-party company at the time of default.

Article 9 [Preservation, Management, etc. of Trusted Real Estate] (2) No company other than a lawsuit shall reduce its value by means of creation of rights, such as lease, or modification, etc. of such rights, on real estate in a trust without I's prior consent.

Article 10 [Lease, etc.] (1) Before this trust contract is made.

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