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1. The Plaintiff:
A. Defendant B and C jointly share KRW 35,000,000, 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”) on July 3, 2013 with respect to the instant real estate owned by Defendant B (hereinafter “instant real estate”) and completed the registration of ownership transfer on the same day to the land trust for the instant real estate.
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 October 4, 2014, the Plaintiff entered into a lease agreement with Defendant C, 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, was managed and entrusted to the Defendant B and the Korea Land Trust, stated the lessor’s column of the lease agreement prepared at the time of the instant lease agreement as “Korea Land Trust” and “B” and affixed the seal of Defendant B.
E. The Plaintiff paid to Defendant B the lease deposit KRW 3.5 million on October 6, 2014, and KRW 3.1.5 million on October 11, 2014, respectively, and received the delivery of the instant real estate.
(f) any subsequent land trust shall be made.