logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.09.19 2016나112578
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent, and Defendant C Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B to guarantee liability for damages (hereinafter “instant mutual aid agreement”).

B. On September 20, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, Inc. D (title I Co., Ltd. prior to the change; hereinafter “Nonindicted Company”) with respect to the instant officetelF (hereinafter “instant officetel”), and paid KRW 56,00,000 to the Nonparty Company, the Plaintiff occupied the instant officetel upon delivery. The instant lease agreement was explicitly renewed.

C. On June 4, 2007, the non-party company entered into a real estate security trust agreement (hereinafter “the trust agreement of this case”) with respect to Etel 162, including the instant officetel as the first priority beneficiary and the trustee as H (hereinafter “H”), and completed the registration of ownership transfer of H with respect to the instant officetel on the same day. The main contents of the trust agreement of this case are as follows.

Article 1 [Purpose of Trust] The purpose of this Trust is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to ensure the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the truster.

Article 9 [Preservation, Management, etc. of Trust Real Estate] (1) A truster shall virtually continue to possess and use trust real estate, and shall bear the actual management acts such as preservation, maintenance, repair, etc. of trust real estate and all the expenses

(2) Where a truster does not obtain prior consent from a trustee, he/she shall restrict the ownership of the trusted real estate, such as lease, mortgage, establishment of a right to lease on a deposit basis, etc.

arrow