(영문) 대전지방법원 2016.11.22 2016가단202357

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(영문) 대전지방법원 2016.11.22 2016가단202357

손해배상(기)

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 33,60,000 and 5% per annum from February 19, 2016 to November 22, 2016.

Reasons

1. Basic facts

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.

B. On September 20, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B as between Defendant B’s brokerage and D (hereinafter “Nonindicted Company”) on the instant officetelF (hereinafter “instant officetel”), and paid the Nonparty Company KRW 56,00,000 to Nonparty Company, and occupied the instant officetel upon delivery. The instant lease agreement was implicitly renewed.

C. On June 4, 2007, the non-party company entered into a trust agreement with G Bank as the first beneficiary with respect to Etel 162, including the instant officetel, and entered into a trust agreement with H Co., Ltd. (hereinafter “H”). On the same day, the non-party company completed the registration of ownership transfer of H with respect to the instant officetel, and the main contents of the instant trust agreement are as follows.

A truster (foreign company) shall not perform an act of reducing the value of the trusted by means of creation of a right, such as lease, or modification of the current state thereof, and the truster shall permit the trustee to manage the property necessary for the preservation and disposal of the value thereof, while the truster shall permit the trustee to manage the property necessary for the preservation and disposal of the value of the trusted immovables, without the prior consent of the trustee (H).

Where the lease contract expires or the lease contract is terminated during the period of trust, the truster shall bear the lease deposit, etc., and the new lease contract shall be concluded in the name of the truster with prior consent of the trustee, and the lease contract concluded at will by the truster.

유사 판례

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