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1. The defendant,
A. The Plaintiff D’s KRW 50,000,000 and the interest rate of KRW 12% per annum from October 5, 2019 to the date of full payment.
Reasons
1. Determination as to Plaintiff A’s claim
A. Basic facts 1) The 6th floor reinforced concrete building of the 6th floor of the Dongjak-gu Seoul Metropolitan Government (hereinafter “the 6th floor building of this case”).
A) The first ownership was originally owned by I. The I completed the registration of ownership transfer on May 26, 2016 on the ground of “trust on May 24, 2016.” (2) As between I and I on June 22, 2017, Plaintiff A entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, and the lease term of KRW 15.9 square meters, which is part of the 6th floor building of this case, from July 2, 2017 to July 1, 2018.
At the time, the contract was stipulated as a special agreement, stating that “The trustee notified that the trust is registered on the current registry, and the Defendant, as the owner on the registry of real estate held in the trust, bears all the responsibility for the lease contract (such as the right to receive and return of the lease deposit, the liability for warranty, etc.), and the lessee and the lessor shall not raise any objection or claim against the Defendant, who is the trustee, regarding the lease contract.”
3) Around that time, Plaintiff A paid KRW 50,00,000 to I for deposit, received support from J, and completed the move-in report. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 4, and evidence No. 21-4, and the purport of the whole pleadings.
B. The Plaintiff’s assertion and judgment 1) The Defendant consented in advance to the conclusion of the lease agreement with the Plaintiff, and thus, the Plaintiff’s claim is obliged to return KRW 50,000,000 to the Plaintiff. Even if not, since the lease deposit under J is stated in the original trust book, the Defendant should return the lease deposit to the Plaintiff within the limit of KRW 20,000,000 entered in the original trust book. 2) As seen above, the Plaintiff’s claim against the Defendant, the trustee, while entering into the said lease agreement with the Plaintiff, shall be subject to any objection or claim regarding the lease agreement.