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(영문) 서울동부지방법원 2018.06.22 2017가단129330

건물명도(인도)

Text

1. The plaintiff

A. Defendant B and C shall jointly do so in attached Form 1

1. To deliver a building listed in paragraph 2 of the list, and on June 30, 2017.

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) is attached between the I Co., Ltd. and the I Co., Ltd. (hereinafter “I”) on March 16, 2012

1. A real estate security trust agreement concerning each real estate listed in the list (hereinafter “the instant real estate”) was concluded and the ownership transfer registration based on the said trust was completed first in the same day, and Article 9(1) and (2) and Article 10(3) of the said trust agreement provides that “a truster shall continue to possess and use the trusted real estate and shall bear the actual management of the trusted real estate, such as the preservation, maintenance, repair, etc. of the trusted real estate, and all the expenses incurred therein,” and that “a truster shall not reduce the value of the trusted real estate by means of creating the right, such as the lease, or changing the current state of the trusted real estate without the prior consent of the trustee” and “a new lease or re-lease contract after the conclusion of this trust agreement shall be concluded in the name of the trustee or with the prior consent of the trustee, but the lease deposit shall be deposited to the trustee” in Article 9 of the Special Agreement.

(hereinafter “instant trust”). (b)

I completed the registration of ownership transfer on May 29, 2017 with respect to the instant real estate to J (hereinafter “J”) on June 30, 2017, and on the same day, J completed the registration of ownership transfer on the instant real estate due to the same date trust to the Plaintiff.

C. From June 30, 2017 to June 30, 2017, the Defendants occupied and used each of the pertinent buildings listed in the order among the instant buildings, and the monthly rent for which no security deposit is available for each of the pertinent buildings is the amount corresponding to each of the respective money indicated in the order.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), and appraiser K.