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(영문) 부산지방법원 2015.02.10 2013가단38141
임대차보증금반환 등
Text

1. Defendant D Co., Ltd.: (a) KRW 100,000,000 for the Plaintiff and the period from April 21, 2013 to February 10, 2015.

Reasons

1. Facts of recognition;

A. On May 25, 2011, K non-real estate trust company (hereinafter “K non-real estate trust”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant D’s Busan Etel No. 711 (hereinafter “instant real estate”), and completed the registration of transfer of ownership in the name of K non-real estate trust, which was based on the instant trust agreement, on May 27, 2011.

B. The main contents of the instant trust agreement are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) The defendant D shall not reduce the value of the real estate in this case by establishing rights, such as the lease, or by changing the present state of the real estate in this case without the prior consent of the defendant D.

④ Defendant D shall accept the management of property of the K non-real estate trust necessary for preserving and disposing of the value of the instant real estate.

Article 10 (Lease, etc.) (3) A new lease or sub-lease contract after the conclusion of the instant trust contract shall be concluded in the name of the K non-real estate trust, or under the name of the defendant D on condition of prior consent of the K non-real estate trust, but the lease deposit shall be deposited in the K non-real

C. On September 25, 2012, the Plaintiff entered into a lease agreement (hereinafter “the first lease agreement”) with Defendant D (Representative Director C) on the instant real estate, setting the lease deposit amount of KRW 20,000,000, and the lease term of KRW 18,000 from October 19, 2012 to October 18, 2013. The lease deposit amount of KRW 20,000,000 was paid to Defendant D.

On November 20, 2012, the Plaintiff: (a) on November 20, 2012, without Defendant C’s consent, and under Defendant B’s name, the lease deposit for the instant real estate amounting to KRW 100,000,000.

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