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1. The Plaintiff:
A. Defendant B and C jointly share KRW 30,000,000, and Defendant B with respect thereto from June 29, 2016.
Reasons
1. Facts recognized;
A. Defendant B entered into a real estate security trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) on July 3, 2013 with respect to the instant real estate owned by himself/herself (hereinafter “instant real estate”). On the same day, Defendant B completed the registration of ownership transfer based on the trust with respect to the instant real estate to the land trust on the same day.
B. The above trust agreement includes the following:
Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) No truster shall reduce the value of trusted real estate by means of creation of rights, such as lease, or modification of the current state thereof, without the prior consent of the trustee.
Article 10 (Lease, etc.) (3) The truster shall bear the rental deposit, etc. following the termination or arrival of the lease contract during the trust period, and the new lease contract shall be made in the name of the trustee.
(4) Notwithstanding the provisions of paragraph (3), a lease contract which a truster voluntarily concludes may not claim its effect to the trustee.
C. Meanwhile, on November 25, 2013, the Plaintiff entered into a lease agreement with Defendant D and E, a licensed real estate agent, setting the deposit amount of KRW 35 million for the instant real estate (hereinafter “instant lease agreement”). D.
Defendant C, at the time of the instant lease agreement, stated that the actual owner of the instant real estate is Defendant B and Korea Land Trust is a management trust, and stated “Korea Land Trust,” “B, and C,” in the lessor’s column of the lease agreement prepared at the time of the instant lease agreement.
E. The Plaintiff paid to Defendant B the lease deposit KRW 500,000,000 as the lease deposit, and KRW 29.5 million as of December 2, 2013, respectively, and received the delivery of the instant real estate.
F. The land trust to this end shall thereafter be the real estate in this case.