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(영문) 인천지방법원 2016.01.19 2015가단215037
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 22,00,000 and for this, KRW 20% per annum from April 25, 2015 to September 30, 2015.

Reasons

1. The following facts of recognition are not in dispute between the parties or may be admitted by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence 1 to 6, Eul evidence 1 to 5, Eul evidence 1 to 5, and Eul evidence 1:

Defendant C is a licensed real estate agent who operates the real estate brokerage office of “E Licensed Real Estate Agent Office” in Gyeyang-gu Incheon, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant C with the content that damages the property of a transaction party due to intention or negligence during the period from April 26, 2012 to April 25, 2013, which sets the deductible amount as KRW 100,000,000, and the period of mutual aid as from April 26, 2012 to April 25, 2013.

B. On November 7, 2012, with respect to the F building No. 201 (hereinafter “instant building”), in the name of Defendant B-owned, a real estate security trust agreement (hereinafter “instant trust agreement”) was concluded on November 7, 2012 with the trustor Defendant B, the trustee International Trust Co., Ltd. (hereinafter “International Trust”), and the Mine Saemaul Savings Depository for the first priority beneficiary (hereinafter “instant trust agreement”). Accordingly, the ownership transfer registration was completed due to the trust in the name of international trust on the same day.

C. The trust agreement of this case attached to the original register of the register of the building of this case shall not reduce the value of the trusted real estate by means of creation of rights, such as lease, or change of the present state, if the trustee has no prior consent. (Article 9(2)); and where a new lease contract is entered into with the lessor as the truster due to expiration of the term of the lease contract, termination of the lease contract, etc. during the period of the trust, the trustee must obtain prior consent from the trustee pursuant to Article 9(2).

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