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(영문) 서울고등법원 2014.09.18 2014나6338

건물명도

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant apartment”) was originally owned by B Co., Ltd. (hereinafter “B”). On August 20, 2007, B entered into a trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) to trust the instant apartment with the Korea Land Trust (hereinafter “Korea Land Trust”), and completed the registration of ownership transfer for the instant apartment on the same day.

(b) The parts relevant to this case in the trust agreement are as follows:

Article 2 [Trust Period] ① The period of trust shall be until the extinguishment of the claim of the preferential beneficiary (within 30 years from the date of concluding a trust contract). The truster may extend the period in consultation with the trustee before the termination of the trust.

(2) Where a trust real estate is disposed of at the request of priority beneficiaries, etc. before the trust period under paragraph (1) expires, the trust shall be deemed terminated when the registration of ownership transfer is completed.

Article 19 [Methods of Disposal] (1) In principle, trust real estate shall be disposed of through competition in the open market.

Provided, That at the time of a failed inspection, a private contract may be concluded under the conditions immediately before the date of next disposition is publicly announced.

Article 24 [Liability and Termination of Trust] (1) A truster shall not, in principle, terminate a trust unless he has a natural disaster or other unavoidable circumstances, and even if the trustee has consented to the termination of the trust, he shall bear any damages to the trustee arising therefrom.

(2) Notwithstanding the provisions of paragraph (1), if it is impossible or substantially impracticable to achieve the purpose of the trust, or to perform the trust affairs due to a change in the economic situation or any other substantial reason, the trustee may terminate the trust in consultation with the truster, and the trustee shall not be

(3) All the termination of a trust.