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1. The Defendants jointly share KRW 22,183,200 with respect to the Plaintiff and 5% per annum from July 17, 2019 to March 20, 2020.
Reasons
1. Basic facts
A. Defendant B is a licensed real estate agent operating the E Licensed Real Estate Agent Office located in Pyeongtaek-si D, and Defendant C is a licensed real estate agent operating the G Real Estate Agent Office located in Suwon-gu, Suwon-si.
B. On October 20, 2016, the Plaintiff entered into a lease agreement with the Defendants, a licensed real estate agent, as stipulated under the terms of 40 million won (hereinafter referred to as “instant lease agreement”) with respect to the title of Pyeongtaek-si I building J (hereinafter referred to as “instant real estate”), from November 5, 2016 to November 4, 2018, and 400,000 won (hereinafter referred to as “the instant lease agreement”) during the lease period (hereinafter referred to as “the instant lease agreement”), and paid to H deposits, such as four million won on the date of the contract, and six million won on November 5, 2016, and thereafter occupied and used the instant real estate.
C. The lease agreement of this case contains the following special terms and conditions.
the trust registration and consent to the trust agreement of the trustee: K bank L/ deposit owner: H
D. Meanwhile, on August 19, 2016, H made a registration of ownership preservation on the instant real estate on the same day, and subsequently made a registration of ownership transfer (hereinafter “instant trust registration”) to M Co., Ltd. (hereinafter “M”) on the grounds of the trust on the same date.
Important matters in the original book of trust concerning the instant trust are as follows:
[Real Estate Security Trust Contract] Truster H (hereinafter “A”) shall entrust the instant real estate to M (hereinafter “B”) who is the trustee, and the trustee shall enter into a real estate security trust contract as follows in accepting the instant real estate.
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 Trusted Real Estate) (1) "A" shall continue in fact to continue to exist.