beta
(영문) 의정부지방법원 2019.04.19 2018가단117593

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On June 25, 2016, C Co., Ltd. (hereinafter “C”) purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and concluded a real estate security trust agreement between the Plaintiff and the trustor, the trustee, and the D Association with the trustor, the Plaintiff as the first beneficiary.

B. On June 25, 2015, the Plaintiff completed the registration of ownership transfer based on the trust in accordance with the above trust agreement, and the real estate security trust agreement attached to the above registration includes the following:

Article 10 (Lease, etc.) (3) A new lease contract during the period of a trust shall be made in the name of a trustee.

(4) Notwithstanding the provisions of paragraph (3), a lease contract which a truster voluntarily concludes may not claim its effect to the trustee.

Article 2 (Management of Real Estate in Trust) (1) A trustee shall perform important matters related to the performance of his/her duties in consultation with a truster, beneficiary, and preferential beneficiary, but the truster shall obtain prior consent from the trustee and the preferential beneficiary when he/she performs any act that may reduce the value of the real estate in trust, such as filing an application for consent to land use and lease of the real estate in trust

Article 4 (Lease Services) (1) Notwithstanding the provisions of Article 10 of this Agreement, a truster may enter into a lease contract under the name of a truster when the trustee and the first beneficiary consent thereto.

C. On June 15, 2016, the Defendant entered into a lease agreement with C on the instant real estate (hereinafter “instant lease agreement”) and possessed the instant real estate from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. If the registration of ownership transfer is completed in the future of the trustee under the Trust Act that determines the cause of the claim, it is inside and outside the country.

참조조문