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(영문) 인천지방법원 2016.11.30 2016가단207934
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 32 million and Defendant B with respect thereto from March 11, 2016, and Defendant B.

Reasons

Basic Facts

On July 3, 2013, Defendant B entered into the instant trust agreement and the ownership transfer registration agreement with the land trust company (hereinafter referred to as “instant trust agreement”) on July 3, 2013 with respect to 406 urban-type residential housing in Nam-gu, Incheon (hereinafter “instant real estate”) and the real estate security trust agreement (hereinafter “instant trust agreement”) with the first priority beneficiary of the private credit cooperative. On the same day, Defendant B completed the registration of ownership transfer based on the land trust agreement in the name of the land trust for the instant real estate.

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 all the actual existence of the trust real estate, all the management activities thereof, and all the expenses incidental thereto.

(2) Where a truster has not given prior consent of the trustee, he/she shall not reduce the value of the trusted real estate by establishing a right, such as lease, or changing the current state thereof, etc.

Article 10 (Lease, etc.) (3) The truster shall bear the expenses incurred in relation to the termination of the lease contract or the termination 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 has concluded at will may not so claim its effect to the trustee.

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

On January 2, 2014, the Plaintiff, including the conclusion of the instant lease agreement, concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C, who was issued a power of delegation on the conclusion of the lease agreement with Defendant D as an intermediary operating the F Licensed Real Estate Agent Office, with respect to the instant real estate, with the term of the contract from January 29, 2014 to January 28, 2015 (hereinafter “instant lease agreement”).

The above contract is concluded.

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